Estate of Orwitz

Bess Orwitz, widow of Frank Orwitz, appeals from an order of the probate court, made in his estate proceedings, which determines certain issues contrary to her contentions.

Frank’s holographic will names his brother Samuel as executor and leaves the principal asset in the estate,- which is an apartment building with storerooms on the ground floor, to Samuel in trust. The marital residence and the furniture therein are left to Bess. A general clause leaves the residue to Bess and Frank’s brother Jack, in equal shares.

The commercial property was appraised at $90,000, the home and furniture at $26,350, and miscellaneous personal property at $13,733.98, making a total estate of $130,083.98.

The rentals from the commercial property approximate $1,000 per month. It was originally owned by decedent and his first wife. After their divorce and his subsequent marriage to Bess, decedent purchased the former wife’s half interest in his own name. The record does not disclose the source of the consideration paid for this half.

While Bess has never been a record owner of any interest in this property, we shall assume for the purpose of this appeal only that the half acquired after the…