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MATTER OF WITHERILL

37 A.D.3d 879 (2007)

828 N.Y.S.2d 722

In the Matter of the Estate of DOROTHY C. WITHERILL, Deceased. CENTRAL NEW YORK COMMUNITY FOUNDATION, Respondent-Appellant; E. TEFFT BARKER, Individually and as Coexecutor of DOROTHY C. WITHERILL, Deceased, Appellant-Respondent, and Estate of DOROTHY RITCHIE, Deceased, Individually and as Coexecutor of DOROTHY C. WITHERILL, Deceased, Respondent.

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

Decided February 1, 2007.

Rose, J.

For many years before her death in 1998 at the age of 96, decedent, Dorothy C. Witherill, employed respondent E. Tefft Barker as her attorney and, after his retirement from the practice of law in 1984, as her financial advisor at a fee of $17,000 per month. Dorothy Ritchie worked as Barker's legal secretary and then, shortly before Barker retired to Florida, she became decedent's administrative assistant and attorney-in-fact. Thereafter, Barker continued...

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