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IN THE MATTER OF THE ESTATE OF BALLESTEROS

20 A.D.3d 414 (2005)

798 N.Y.S.2d 131

In the Matter of the Estate of REMEDIOS BALLESTEROS, Also Known as REMY BALLESTEROS, Deceased. MICHAEL A. BALLESTEROS, Respondent; MARY CARMEN BALLESTEROS HEINEMANN, Appellant; CHERYL NIELSEN et al., Intervenors Respondents.

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

July 5, 2005.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In her will, the decedent, inter alia, bequeathed cash legacies to her grandchildren and great-grandchildren and devised a parcel of real property to her daughter, her son, and one of her granddaughters, "to the extent of the equity I may have therein at the time of my death, and after the legacies herein above shall have been satisfied."...

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