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IN THE MATTER OF ESTATE OF SCHMITT

16 Misc.3d 206 (2007)

838 N.Y.S.2d 860

In the Matter of the Estate of GARY W. SCHMITT, JR., Also Known as GARY SCHMITT, JR., Deceased.

Surrogate's Court, Dutchess County.

May 1, 2007.

Attorney(s) appearing for the Case

Genoveffa Flagello, Fishkill, for Angela A. Koehler, administratrix.

Overton, Russell, Doerr & Donovan, LLP, Clifton Park, for Westchester Medical Center.

Balogh Becker, Ltd., Minneapolis, Minnesota, for Premier Bank First and another.

Patrick F. Moore, Poughkeepsie, for Stephanie Fogarty.

Kevin MacKay, Wappingers Falls, pro se.

OPINION OF THE COURT

JAMES D. PAGONES, J.

This petition filed by Angela A. Koehler, the administratrix, pursuant to SCPA 2107 for advice and direction is resolved as follows.

The fiduciary is the decedent's spouse. The only other distributee besides petitioner is the parties' infant son, now 11 years old. The decedent and petitioner owned a residence as tenants by the entirety located at 215 East Main Street, Beacon, New York. The property was the...

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