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MATTER OF CASTIGLIONE

40 A.D.3d 1227 (2007)

837 N.Y.S.2d 360

In the Matter of the Estate of LOUIS J. CASTIGLIONE, Also Known as LOUIS CASTIGLIONE, SR., Deceased. ANITA CASTIGLIONE, as Executor of LOUIS J. CASTIGLIONE, Also Known as LOUIS CASTIGLIONE, SR., Respondent; ELAINE CASTIGLIONE, Appellant.

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

Decided May 10, 2007.

Peters, J.P.

Following decedent's death, petitioner sought to probate a copy of decedent's will and a subsequently executed codicil. When petitioner experienced difficulty in personally serving respondent, Surrogate's Court issued an order permitting service by mail. Petitioner complied with that order and respondent filed objections challenging personal jurisdiction, testamentary capacity and due execution of the will. She further alleged fraud

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