MATTER OF NEARY


44 A.D.3d 949 (2007)

843 N.Y.S.2d 689

In the Matter of MARTIN NEARY, Deceased. AVA BAKER, Appellant; KATHLEEN TYNDALL et al., Respondents.

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

Decided October 23, 2007.


Ordered that the decree is affirmed insofar as appealed from, with costs payable by the appellant personally.

After the decedent was hospitalized in 1997 for congestive heart failure and a heart attack, he gave a limited power of attorney to his long-time associate, Robert Baker, to handle his finances. On April 20, 2000 the decedent executed a will in which he made two specific bequests, and left his residuary estate to the proponent. At the time he executed the...

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