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IN THE MATTER OF MINK

511548.

91 A.D.3d 1061 (2012)

937 N.Y.S.2d 401

2012 NY Slip Op 149

In the Matter of the Estate of ESTELLA MAY MINK, Also Known as ESTELLA M. MINK, Deceased. DAVID SCHRAMM, as Administrator of the Estate of ESTELLA MAY MINK, Also Known as ESTELLA M. MINK, Deceased, Appellant; WALTER J. DeWITT, as Administrator of the Estate of SHARON L. CROMIE, Deceased, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 12, 2012.

EGAN Jr., J.

Estella May Mink (hereinafter decedent) died in 2005 in Rensselaer County and was survived by four children: petitioner, Harold Schramm, Sharon L. Cromie and Darlene Carter. After Cromie, whom decedent had appointed as her executor, died and Carter, whom decedent had nominated as her alternate executor, declined to so serve, petitioner—a resident of Alabama— was appointed as the administrator c.t.a. of decedent's estate. Cromie died shortly...

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