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IN THE MATTER OF ESTATE OF MISCHLER

30 A.D.3d 859 (2006)

819 N.Y.S.2d 118

In the Matter of the Estate of LILLIAN M. MISCHLER, Deceased. RUSSELL R. MISCHLER, Appellant; JAMES KEABLE, as Executor of LILLIAN M. MISCHLER, Deceased, et al., Respondents.

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

June 22, 2006.

Peters, J.

Decedent died in October 2003 and was survived by petitioner, who was her second husband, and her three children from her prior marriage. During decedent's lifetime, she conveyed title to her various properties to both herself and petitioner as tenants by the entirety, including one upon which a mortgage had been taken out approximately two months before her death. Petitioner commenced this proceeding, by order...

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