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MATTER OF URBACH

252 A.D.2d 318 (1999)

683 N.Y.S.2d 631

In the Matter of The Estate of Ruth K. Urbach, Deceased. Michael H. Urbach et al., Respondents; Cynthia Urbach, Appellant

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

January 7, 1999

Attorney(s) appearing for the Case

Robert M. Cohen, Ballston Lake, for appellant.

Couch, White, Brenner, Howard & Feigenbaum, Albany (Paul A. Feigenbaum of counsel), for respondents.

SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

MERCURE, J. P.

Petitioner Michael H. Urbach (hereinafter Urbach) and respondent are the children of Ruth K. Urbach (hereinafter decedent), who died a resident of Albany County on February 12, 1993. In her will, decedent bequeathed her Albany residence to respondent and, in an apparent attempt to equalize the bequests to her children, gave Urbach her 20% interest in a real estate partnership "and so much cash...

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