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MATTER OF MYERS

45 A.D.3d 955 (2007)

845 N.Y.S.2d 510

In the Matter of the Trust Made by DOUGLAS F. MYERS. RICHARD P. MYERS, Respondent; DOUGLAS F. MYERS, as Trustee of the Trust Made by DOUGLAS F. MYERS, Appellant.

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

Decided November 1, 2007.

Cardona, P.J.

The parties to this proceeding are brothers. Their late parents were the owners of two homes. On December 13, 2003, the parties' mother, Flora Myers, executed a last will and testament providing that, in the event that she survived her husband (who passed away in April 2004), she was leaving the property located at "2055 Chambers Road, Beaver Dams, New York, Town of Catlin, Chemung County" to respondent and the property located at "10 Crescent Drive...

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