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IN THE MATTER OF ESTATE OF WALLENS

30 A.D.3d 962 (2006)

816 N.Y.S.2d 793

In the Matter of the Estate of BURTON WALLENS, Deceased. MAGGIE WALLENS, Respondent-Appellant; CHARLES WALLENS, Appellant-Respondent.

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

June 9, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in its entirety, dismissing the objections in their entirety and denying the cross motion in its entirety and as modified the order is affirmed without costs, and the matter is remitted to Surrogate's Court, Erie County, for further proceedings in accordance with the following memorandum: In 1992, Burton Wallens (testator), executed his last...

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