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.