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MATTER OF PEASE

50 A.D.3d 132 (2008)

850 N.Y.S.2d 312

In the Matter of the Estate of JOHN C. PEASE, Deceased. DAVID N. PHELPS, as Executor of JOHN C. PEASE, Deceased, Respondent; EDWARD PEASE et al., Appellants.

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

February 1, 2008.

Attorney(s) appearing for the Case

Croucher, Jones & Johns, Canandaigua (Walter W. Jones, Jr., of counsel), for appellants.

Gage, Gage & Bleakley, Geneva (S. Scott Porter of counsel), for respondent.

GORSKI, J.P., LUNN, FAHEY and PINE, JJ., concur.

OPINION OF THE COURT

MARTOCHE, J.

Edward Pease and James Pease (collectively, objectants) appeal from an order of Surrogate's Court that settled petitioner's final accounting of decedent's estate. On March 31, 2000, decedent applied for a group variable annuity certificate from Hartford Life. On the annuity contract application, decedent designated "James Pease (as executor in the will of John Pease) 100%" as the only beneficiary. James is decedent's great...

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