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IN THE MATTER OF ESTATE OF FISCHER

24 A.D.3d 858 (2005)

804 N.Y.S.2d 863

In the Matter of the Estate of HOWARD W. FISCHER, Deceased. ROSE MARIE FISCHER, Appellant.

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

December 1, 2005.

MUGGLIN, J.

Howard W. Fischer (hereinafter decedent) died in August 1993 leaving what purports to be a last will and testament which he executed in 1976. As relevant herein, he gave, devised and bequeathed his entire estate to petitioner, his surviving spouse, "absolutely, with the knowledge that she will provide for our children." Petitioner was also nominated as executor by the terms of the will. Having never offered the...

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