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MATTER OF LINDEMAN

13 Misc.3d 329 (2006)

818 N.Y.S.2d 909

In the Matter of the Estate of MARTIN LINDEMAN, Deceased.

Surrogate's Court, Bronx County.

July 21, 2006.

Attorney(s) appearing for the Case

Michael L. Lippman for petitioner.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The apparently novel issue presented in this application for the issuance of letters of administration to a nephew of the decedent is whether a legacy to a niece under a purported will executed by the decedent on July 25, 1991 lapsed when she predeceased the decedent, or whether it vested in her issue pursuant to EPTL 3-3.3, the antilapse statute.

A sister of the decedent is the sole beneficiary and nominated...

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