MATTER OF KELSALL

509820.

79 A.D.3d 1234 (2010)

911 N.Y.S.2d 702

In the Matter of the Estate of JAY WILLIAMS KELSALL, Also Known as JAY W. KELSALL, Also Known as JAY KELSALL, Deceased. GRANT WALLACE, as Executor of JAY WILLIAMS KELSALL, Deceased, Appellant; JOHN B. KELSALL, Respondent.

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

Decided December 2, 2010.


STEIN, J.

Upon his death in March 2008, decedent left a will indicating that it was executed in March 1994. However, the joint affidavit of the witnesses to the will was executed three years later, in May 1997. The will names petitioner as executor of the estate and as the sole beneficiary. Petitioner offered the will for probate. In connection therewith, respondent—decedent's brother—received a copy of the will. Respondent alleges that, upon its receipt...

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