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MATTER OF MALASKY

275 A.D.2d 500 (2000)

711 N.Y.S.2d 868

In the Matter of a Trust Created by HARRY D. MALASKY, Deceased. CHARLOTTE R. MALASKY et al., Appellants; MARION MALASKY et al., as Trustees of a Trust Created by HARRY D. MALASKY, Deceased, Respondents.

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

Decided August 3, 2000.

Crew III, J. P.

This appeal has its genesis in a joint revocable trust created by Harry D. Malasky (hereinafter decedent) and his spouse, respondent Marion Malasky (hereinafter Malasky), in February 1994.1 Following decedent's death in November 1995, respondent Louis Klein, who purportedly drafted the trust document, succeeded decedent as trustee and, together with Malasky, administered the various trust assets. In May 1997 petitioners...

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