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MATTER OF VAINIO

189 A.D.2d 82 (1993)

In the Matter of The Estate of Elsa A. Vainio, Deceased. Ida V. White, as Executrix of Elsa A. Vainio, Deceased, Petitioner; Vaino Vainio, Appellant, and Susie Lodinsky et al., Respondents

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

March 18, 1993

Attorney(s) appearing for the Case

True, Walsh & Miller, Ithaca (John Moss Hinchcliff of counsel), for appellant.

Stewart E. McDivitt, Watkins Glen, for Susie Lodinsky, respondent.

YESAWICH JR., J. P., MAHONEY and HARVEY, JJ., concur.

CREW III, J.

On December 22, 1989, Elsa A. Vainio (hereinafter decedent) died, survived by her two sons, respondent Rauli J. Vainio (hereinafter renouncer) and respondent Vaino Vainio (hereinafter Vainio). Paragraph FOURTH of decedent's last will and testament, executed on October 17, 1988, directed that one half of decedent's residuary estate be paid to Vainio and the other half be placed in trust for renouncer...

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