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MATTER OF BREISTOL

64 A.D.3d 1122 (2009)

In the Matter of the Estate of MARTHA BREISTOL, Also Known as MARTHA BRISTOL, Deceased. ROBERT E. WHITE, as Executor of MARTHA BREISTOL, Also Known as MARTHA BRISTOL, Deceased, Appellant; CHRISTOPHER J. FUST, Respondent. (And Another Related Proceeding.)

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

Decided July 30, 2009.

ROSE, J.P.

Martha Breistol died after she was bequeathed a motorcycle under the will of Valentine Fust, who had predeceased her. When respondent, Fust's nephew, presented a certificate of title and claimed ownership of the motorcycle, petitioner commenced this proceeding to have the motorcycle included in Breistol's estate. After a nonjury trial, Surrogate's Court found that respondent was the rightful owner. Later, upon respondent's application for an award of counsel...

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