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MATTER OF LA VALLEY

231 A.D.2d 826 (1996)

647 N.Y.S.2d 303

In the Matter of The Estate of Genevieve La Valley, Deceased. Walter La Valley, Respondent; Ronald La Valley, Appellant

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

September 19, 1996

Carpinello, J.

Genevieve La Valley (hereinafter decedent) died testate on June 11, 1990. Two of decedent's sons, petitioner and respondent, were named as coexecutors of her last will and testament and letters testamentary were duly issued to them in July 1990. Significantly, the second paragraph in decedent's will reads as follows:

"I have, during 1988, borrowed the sum of $5,000.00 from my son Ronald F. La Valley, which I used to install new...

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