MATTER OF ELLIS


252 A.D.2d 118 (1998)

683 N.Y.S.2d 113

In the Matter of The Estate of Laurel G. Ellis, Deceased. Florence E. Sell, Appellant; Richard L. Ellis et al., Respondents

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

December 31, 1998


Attorney(s) appearing for the Case

Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, L. L. P., Scarsdale (Stephen Hochhauser and Frank M. Headley, Jr., of counsel), for appellant.

McCullough, Goldberger & Staudt, White Plains (Charles A. Goldberger, Patricia W. Gurahian and Charles A. Bradley of counsel), for Richard L. Ellis, respondent.

Winston & Winston, Rye (Allan Winston of counsel), for John C. Ellis, Jr., respondent.

COPERTINO, SANTUCCI and McGINITY, JJ., concur.


RITTER, J. P.

This appeal concerns a family dispute over the last will and testament of the decedent, Laurel G. Ellis. We are asked to determine whether various actions undertaken by the decedent's sons, Richard L. Ellis and John C. Ellis, Jr. (hereinafter the respondents), in relation to the probate of the will violated the in terrorem clause contained in the ninth paragraph of the will. We find that, based...

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