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MATTER OF HENNEL

2011-64/D

40 Misc.3d 547 (2013)

967 N.Y.S.2d 625

2013 NY Slip Op 23184

In the Matter of the Estate of EDMUND FELIX HENNEL, Also Known as EDMUND HENNEL, Deceased.

Surrogate's Court, Schenectady County.

Decided June 5, 2013.

Attorney(s) appearing for the Case

The DiFabio Law Firm, PC., Albany ( Michael D. DiFabio of counsel), for petitioners. Englert, Coffey, McHugh & Fantauzzi, Schenectady ( John A. Fantauzzi of counsel), for Hazel Hennel, respondent. Tobin & Dempf, PLLC, Albany ( Michael L. Costello of counsel), for St. Adalbert's Church, respondent. Eric T Schneiderman , Attorney General, Albany ( Nathan M. Courtney of counsel), for ultimate charitable beneficiaries.

OPINION OF THE COURT

VINCENT W. VERSACI, S.

Petitioners, Gregory Hennel and Gary Hennel, two grandchildren of the decedent, Edmund Hennel, commenced this proceeding pursuant to SCPA 1809 to determine the validity of their claim against the estate for satisfaction of an outstanding mortgage encumbering certain real property that the decedent conveyed to the petitioners four years prior to his death. The petitioners' claim also seeks reimbursement for the...

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