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IN THE MATTER OF THE ESTATE OF PALMA

17 A.D.3d 817 (2005)

793 N.Y.S.2d 573

In the Matter of the Estate of ROBERT PALMA, Deceased. DONALD D. DE ANGELIS et al., as Preliminary Executors of ROBERT PALMA, Deceased, Respondents; ST. JUDE CHILDREN'S RESEARCH HOSPITAL, Appellant. HOWARD G. CARPENTER JR., as Guardian of FILOMENA PALMA, Respondent.

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

April 14, 2005.

Cardona, P.J.

The record indicates that, for over 50 years, decedent and his wife, Filomena Palma (hereinafter collectively referred to as the Palmas), successfully operated various businesses individually and through corporate entities. During that time period, the Palmas' accountant and bookkeepers maintained in their work papers an internal account, labeled by one of the bookkeepers in the 1940s as a "loan account" (hereinafter referred to as the Filomena account...

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