MATTER OF COLBERT


210 A.D.2d 616 (1994)

619 N.Y.S.2d 400

In the Matter of The Estate of Robert R. Colbert, Deceased. Thomas B. Colbert et al., Respondents; Constance A. Colbert et al., as Executrices of The Estate of Robert R. Colbert, Deceased, Appellants. (And Another Related Proceeding.)

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

December 8, 1994


Mercure, J.

Robert R. Colbert (hereinafter the testator), a real estate developer in Tompkins County, executed his last will and testament on April 5, 1991. The will contained a provision, paragraph third, subparagraph L, wherein the testator bequeathed "the stock of any non-publicly traded corporation [that he] may own" to petitioners, two of his sons. The will named respondents, the testator's five daughters, as executrices.

At the time the...

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