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IN THE MATTER OF ESTATE OF LA CORTE

7 A.D.3d 909 (2004)

777 N.Y.S.2d 209

In the Matter of the Estate of KENNETH P. LA CORTE, Deceased. EILEEN LA CORTE, Respondent; LORRAINE LA CORTE, Appellant. (Proceeding No. 1.)

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

May 13, 2004.

Mugglin, J.

Under the trust provisions of decedent's will, Eileen La Corte (hereinafter petitioner), decedent's wife, and Lorraine La Corte (hereinafter respondent), decedent's sister, were named cotrustees. The trust was originally unfunded, but was funded for the benefit of petitioner and her children when she disclaimed portions of her inheritance. In September 2001, petitioner contracted to sell a parcel consisting of approximately 13 acres of land. Upon discovering...

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