MATTER OF WITBECK


245 A.D.2d 848 (1997)

666 N.Y.S.2d 315

In the Matter of The Estate of Ann E. Witbeck, Deceased. Clark E. LeFebvre, as Administrator of The Estate of Ann E. Witbeck, Deceased, Respondent; Frank J. LaFay et al., Appellants, et al., Respondents

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

December 18, 1997


Crew III, J. P.

Decedent, Ann E. Witbeck, died intestate on August 27, 1990. Prior thereto, in February 1979, decedent's grandniece, Gale Shea, had been appointed conservator of decedent's property, including decedent's real estate and bank accounts. Thereafter, in June 1983, Shea used $300,000 of conservatorship funds to purchase an annuity and named herself the sole beneficiary thereof. Upon the death of the...

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