MATTER OF SHEPHARD


249 A.D.2d 748 (1998)

671 N.Y.S.2d 561

In the Matter of The Estate of Eleanor Shephard, Deceased. John Shephard et al., Appellants; Gary Shephard, Respondent. (And Another Related Proceeding.)

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

April 16, 1998


Crew III, J.

On December 29, 1995, Eleanor Shephard (hereinafter decedent) died as the result of an automobile/snowmobile collision. Decedent was survived by petitioners, her two sons, and respondent, her husband. Several months prior to decedent's death, respondent commenced an action for divorce against decedent, and decedent answered and counterclaimed for a decree of separation.

Thereafter, on or about February 8, 1996, petitioners filed an...

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