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MATTER OF MALONE FAMILY TRUST

509361.

79 A.D.3d 1214 (2010)

913 N.Y.S.2d 787

In the Matter of the MALONE FAMILY TRUST. JAMES R. MURLEY, JR., as Successor Trustee of the MALONE FAMILY TRUST, Appellant; CAROL J. CARTWRIGHT et al., Respondents.

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

Decided December 2, 2010.

LAHTINEN, J.

The principal issue on appeal is whether real property located at 30 Brookman Avenue in the Town of Bethlehem, Albany County is an asset of the Malone Family Trust. In May 1994, before the trust was created, Clara Malone (hereinafter decedent) transferred her home on Lehner Road in the Town of Guilderland, Albany County to one of her daughters, respondent Carol J. Cartwright, expressly reserving a life estate to herself. Several months later, in August...

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