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VOGHT v. VOGHT

64 A.D.3d 984 (2009)

882 N.Y.S.2d 551

GILBERT M. VOGHT, Respondent, v. RICHARD C. VOGHT et al., Appellants.

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

Decided July 9, 2009.

Garry, J.

Plaintiff is the son of defendant Richard C. Voght (hereinafter the father). Plaintiff's two siblings are the other two defendants. In December 2006, the father executed a deed (hereinafter the 2006 deed) which conveyed real property located in Montgomery County to plaintiff. Under the heading, "Retained Life Use with Limited Power of Appointment," the deed provided that the father reserved "the right to the exclusive use and occupancy of the premises during...

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