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IN THE MATTER OF DOLLECK

11 A.D.3d 307 (2004)

782 N.Y.S.2d 728

In the Matter of FONTANNE DOLLECK et al., Appellants, for the Appointment of Coguardians of the Person and Property of MURRAY BANKS, an Alleged Incapacitated Person, Respondent. STEVEN R. RICHMAN, Respondent.

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

October 19, 2004.

Evidence that the incapacitated person executed the trust after having suffered a stroke and also while suffering from Alzheimer's disease does not, by itself, satisfy appellants' burden of showing that the incapacitated person was incompetent at the time of the trust's creation (see Harrison v Grobe, 790 F.Supp. 443, 447-448 [1992], affd 984 F.2d 594 [1993], citing, inter alia, Feiden...

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