MATTER OF RANFTLE

4214, 4585/08.

81 A.D.3d 566 (2011)

917 N.Y.S.2d 195

In the Matter of the Estate of H. KENNETH RANFTLE, Deceased. RICHARD R. RANFTLE, Appellant, v. J. CRAIG LEIBY, Respondent.

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

Decided February 24, 2011.


In his last will and testament, executed on August 12, 2008, the decedent made bequests to three brothers, including appellant, and a goddaughter. He left the residue of his estate to respondent, his same-sex partner, whom he had married in Canada on June 7, 2008. Decedent appointed respondent as the executor of his will, which included an in terrorem clause. On December 12, 2008, respondent, as the executor named in the will, filed a petition for probate in the Surrogate...

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