MATTER OF MASTERSON


46 A.D.3d 1091 (2007)

847 N.Y.S.2d 715

In the Matter of the Estate of CAROLINE MASTERSON, Deceased. THOMAS W. MASTERSON, as Executor of CAROLINE MASTERSON, Deceased, Respondent; PHYLLIS McKAY, Appellant.

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

Decided December 13, 2007.


Crew III, J.P.

Caroline Masterson (hereinafter decedent) died testate in February 2001, survived by her two adult children, petitioner and respondent. Prior to her death, in or about 1980, decedent executed a durable power of attorney designating petitioner as her attorney-in-fact. In 1997, when decedent's severe arthritis progressed to the point that she was unable to write legibly, petitioner began handling decedent's finances. To that end, petitioner closed decedent...

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