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Matter of Gardella

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1994
208 A.D.2d 836 (N.Y. App. Div. 1994)

Opinion

October 24, 1994

Appeal from the Surrogate's Court, Putnam County (Braatz, S.).


Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Surrogate's Court, Putnam County, for a hearing in accordance herewith.

An examination of the contested paragraph of the decedent's will raises questions of fact as to whether or not the decedent intended to create a right of occupancy or a life estate for the benefit of the respondent. Accordingly, an evidentiary proceeding is warranted (cf., Matter of Lezotte, 108 A.D.2d 1052; Matter of O'Neil, 8 A.D.2d 631). Pizzuto, J.P., Santucci, Hart and Goldstein, JJ., concur.


Summaries of

Matter of Gardella

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1994
208 A.D.2d 836 (N.Y. App. Div. 1994)
Case details for

Matter of Gardella

Case Details

Full title:In the Matter of the Estate of MICHAEL GARDELLA, Deceased. KEVIN WYNNE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 24, 1994

Citations

208 A.D.2d 836 (N.Y. App. Div. 1994)
618 N.Y.S.2d 561