THEA v. THEA


284 A.D.2d 245 (2001)

726 N.Y.S.2d 655

DONALD THEA et al., Appellants, v. FREDERICA THEA, Respondent.

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

Decided June 26, 2001.


Plaintiffs, issue of the first marriage of the late Stanley Thea (the decedent), assert a cause of action for undue influence against defendant, the decedent's third wife and widow, based on the decedent's transfers of funds, while mentally impaired during his final illness, from an Individual Retirement Account (IRA) of which plaintiffs were partial beneficiaries to an IRA of which defendant was sole beneficiary. The cause of action is not pleaded with sufficient detail...

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