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MATTER OF BURNS

287 A.D.2d 862 (2001)

731 N.Y.S.2d 537

In the Matter of MARION W. BURNS, an Incapacitated Person. EDWARD J. SALVO, JR., as Guardian of the Property of MARION W. BURNS, Respondent; THOMAS A. BURNS, JR., Appellant. AMERICAN CANCER SOCIETY et al., Respondents.

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

Decided October 18, 2001.

Peters, J.

The relevant facts pertaining to this appeal are contained in a previous decision of this Court (267 A.D.2d 755). Briefly, Marion W. Burns consented to the appointment of petitioner as guardian of her property pursuant to Mental Hygiene Law article 81. By a last will and testament executed in 1968, Burns named her brother as her sole beneficiary. Because he predeceased her, his son, respondent, became the sole beneficiary...

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