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MATTER OF D'ELIA

2012-370705

40 Misc.3d 355 (2013)

964 N.Y.S.2d 877

2013 NY Slip Op 23157

In the Matter of the Estate of ANTHONY J. D'ELIA, Deceased.

Surrogate's Court, Nassau County.

April 10, 2013.

Attorney(s) appearing for the Case

Michael L. Lieberman , Westbury, guardian ad litem. Jeanne M. Corea , Mineola, for estate.

OPINION OF THE COURT

EDWARD W. McCARTY III, J.

In this probate proceeding, the guardian ad litem appointed for the two minor children of the decedent's predeceased daughter has filed his report. The guardian ad litem has advised the court that there is an issue as to whether the residuary bequest in the purported will is defective because it pours over into a trust which was not in existence at the time the purported...

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