MATTER OF TOGNINO

2010-07989.

87 A.D.3d 1153 (2011)

930 N.Y.S.2d 46

2011 NY Slip Op 6851

In the Matter of BETTY C. TOGNINO, Deceased. JOHN TOGNINO, Appellant; ROBERT TOGNINO et al., Respondents.

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

Decided September 27, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Surrogate's Court, Nassau County, for a determination of the respondents' motion in accordance herewith.

The petitioner, John Tognino, commenced this proceeding to contest the validity of certain amendments to a living trust executed by the decedent, his mother, on the ground that the amendments were the product of fraud and undue influence. Under...

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