MATTER OF JEAN McKANIC


50 A.D.3d 1145 (2008)

857 N.Y.S.2d 218

In the Matter of the Estate of BETTY JEAN McKANIC, Deceased. SCOTT PETE, Respondent; JANULYN McKANIC, Appellant.

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

Decided April 29, 2008.


Ordered that the decree dated December 2, 2005 is reversed, on the law and the facts, with costs, the decree dated January 5, 2005 is reinstated, the petition to vacate is denied, the order dated October 28, 2005 is modified accordingly, and a subsequent order dated July 13, 2006 is vacated.

The decedent died on October 18, 2004. Three days later, preliminary letters testamentary were issued to her niece Janulyn McKanic. By decree dated January 5, 2005 the Surrogate...

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