MATTER OF ESTATE OF CULBERSON


11 A.D.3d 859 (2004)

784 N.Y.S.2d 167

In the Matter of the Estate of JOHN H. CULBERSON, JR., Deceased. MARILYN G. WARNER, as Administrator of the Estate of JOHN H. CULBERSON JR., Deceased, Appellant. SHIRLEY A. MICHELI et al., Respondents.

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

October 28, 2004.


Crew III, J.

Decedent died in December 1994 and left a will, drafted by respondent David M. Lenney, bequeathing his estate to his children and naming respondent Shirley Ann Micheli (hereinafter respondent) as his executor. Lenney and respondent thereafter allegedly refused to provide petitioner, the mother of decedent's two children, with a copy of decedent's will and/or take any steps to probate decedent's estate, prompting petitioner to apply for letters of administration...

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