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IN RE PROBATE OF LAST WILL

825 A.2d 1209 (2003)

361 N.J. Super. 478

In the Matter of the PROBATE OF THE LAST WILL AND TESTAMENT OF Anna Villone CATELLI, Thomas R. Villone, Executor of the Estate of Anna Rose Catelli and Trustee of the Anna Rose Catelli Trust, and Thomas R. Villone, Individually, Plaintiffs-Appellants, v. George G. Villone and Excelsior Realty, Ltd., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 2003.

Attorney(s) appearing for the Case

Albert L. Cohn, Saddle Brook, argued the cause for appellant, Thomas R. Villone, Executor of the Estate of Anna Rose Catelli and Trustee of the Anna Rose Catelli Trust, and Thomas R. Villone, individually (Cohn, Lifland, Pearlman, Herrmann & Knopf, attorneys; Mr. Cohn, of counsel, and on the brief; Audra DePaolo, on the brief).

Dennis G. Harraka, Hackensack, argued the cause for respondents, George G. Villone and Excelsior Realty, Ltd. (Ferrara, Turitz, Harraka & Goldberg, attorneys; Mr. Harraka and Lina Papalia Corriston, on the brief).

Before Judges PRESSLER, CIANCIA and HOENS.

The opinion of the court was delivered by HOENS, J.A.D.

Thomas R. Villone was named by his elderly aunt, Anna Villone Catelli, as the executor in a will and as the trustee under a living trust which she executed on January 9, 1996. He appeals from the decision of the Chancery Division which refused to admit that 1996 will to probate, which named his cousin, George Villone, as the Administrator C.T.A. of Catelli's estate, which ordered him to restore assets to the...

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