IN THE MATTER OF ESTATE OF MARSHALL


26 A.D.3d 860 (2006)

809 N.Y.S.2d 753

In the Matter of the Estate of PATRICK J. MARSHALL, Deceased. KORLEEN S. MARSHALL, Individually and as Executrix of PATRICK J. MARSHALL, Deceased, Respondent; MICHAEL M. MARSHALL, Appellant.

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

February 3, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this proceeding, individually and as executrix of the estate of her husband (decedent), seeking reimbursement for the amount allegedly paid as a loan by decedent to respondent, his brother. We note at the outset that the order from which the appeal was taken was subsumed...

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