MATTER OF PALMA


40 A.D.3d 1157 (2007)

835 N.Y.S.2d 755

In the Matter of the Estate of FILOMENA PALMA, Deceased. ROBERTA FOSHEE, Appellant; HOWARD G. CARPENTER, JR., as Temporary Administrator of the Estate of FILOMENA PALMA, Deceased, et al., Respondents.

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

Decided May 3, 2007.


Mugglin, J.

Filomena Palma (hereinafter decedent) died testate on July 7, 2005. As her husband, Robert Palma, her named residuary beneficiary and executor, had predeceased her, her will gave equal 25% shares of her estate to her four children, petitioner, James Palma, Thomas Palma and respondent Donna Coppola. Petitioner was named as first alternate executor and, acting in that capacity, petitioned for probate. Preliminary letters testamentary were issued to her,...

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