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MATTER OF YOUNG

289 A.D.2d 725 (2001)

738 N.Y.S.2d 100

In the Matter of the Estate of DIANE R. YOUNG, Deceased. ANNE L. CONCRA, Individually and as Executor of DIANE R. YOUNG, Deceased, Respondent; CARL G. WHITBECK, JR., as Guardian ad Litem of JAMES R. YOUNG et al., Appellant.

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

Decided December 13, 2001.

Spain, J.

Diane R. Young (hereinafter decedent) died testate on October 7, 1998 survived by two adult children: petitioner, the named executor of decedent's estate, and James R. Young. A third child, Sandra Collins, predeceased decedent in 1997 leaving three children one of whom, Laurel Reed, is an infant. Decedent left an instrument dated May 29, 1997 purporting to be her will which provides that after the payment of all debts and expenses, all of decedent's property...

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