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IN THE MATTER OF RITA R.

26 A.D.3d 502 (2006)

811 N.Y.S.2d 89

In the Matter of RITA R., a Person Alleged to be Incapacitated. RICHARD R., Respondent-Appellant; RITA R., Respondent; ANDREA K., Appellant-Respondent.

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

February 28, 2006.

Ordered that the order is modified, on the law and on the facts, by adding a provision thereto invalidating, pursuant to Mental Hygiene Law § 81.29 (d), the last will and testament executed by Rita R. on December 19, 2001; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable to Richard R. by Andrea K.

In 2003 Rita R. was found to be an incapacitated person within the meaning...

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