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MATTER OF GOURARY

2007-0512.

34 Misc.3d 486 (2011)

932 N.Y.S.2d 881

2011 NY Slip Op 21402

In the Matter of the Judicial Settlement of the Account of MARIANNE C. GOURARY, as Executor of the Will of PAUL GOURARY, Deceased.

Surrogate's Court, New York County.

Decided November 1, 2011.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel ( Michael Dell of counsel), for petitioner.

Bekerman & Reddy ( John Reddy, Jr., of counsel), for objectant.

OPINION OF THE COURT

KRISTIN BOOTH GLEN, S.

This case, involving the construction of a latent ambiguity in a will clause, foregrounds the difficulty of determining close cases in the absence of a clearly enunciated burden of proof.

An earlier decision (Matter of Gourary, NYLJ, Nov. 16, 2010, at 43, col 3) denied summary judgment on an objection in this estate accounting challenging "[the Executor...

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