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MATTER OF DeCAMARET

6 Misc.3d 407 (2004)

789 N.Y.S.2d 673

In the Matter of the Estate of FRANCINE MEYER DeCAMERET, Deceased

Surrogate's Court, New York County.

December 6, 2004.

Attorney(s) appearing for the Case

Holland & Knight LLP, New York City (Charles F. Gibbs of counsel), and Solomon Pearl Blum Heymann & Stich, New York City (William L. Blum of counsel), for Andrew W. Heymann and another, proponents.

Marianne Gerschel, respondent pro se.

McLaughlin & Stern, LLP, New York City (Barbara A. Sloan of counsel), for Patrick Gerschel, respondent.

Eliot Spitzer, Attorney General, New York City (Howard Holt of counsel), respondent pro se.

Barbara G. Billet, Albany, for New York State Department of Taxation and Finance, respondent pro se.

Andrew F. Blumenthal, New York City, for Laurent Gerschel and another, respondents.

OPINION OF THE COURT

RENEE R. ROTH, S.

Incident to this contested probate proceeding in the estate of Francine Meyer DeCameret, the preliminary executors move to strike a notice of appearance by decedent's grandson, Alexander, for lack of standing. Alexander's claim to standing rests upon a novel theory concerning the relationship between a general release and a renunciation. The release in this case is an instrument that was executed by his father, decedent...

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