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MATTER OF PREVRATIL

517693

121 A.D.3d 137 (2014)

990 N.Y.S.2d 697

In the Matter of the Estate of FRANK PREVRATIL, Deceased. NEIL PREVRATIL, as Executor of the Estate of FRANK PREVRATIL, Deceased, under Will Dated September 28, 2006, Appellant. (Proceeding No. 1.) In the Matter of the Estate of FRANK PREVRATIL, Deceased. REBECCA L. ADRIAN et al., as Beneficiaries and/or Proposed Administrators C.T.A. of the Estate of FRANK PREVRATIL, Deceased, under Will Dated May 24, 2011, Respondents. NEIL PREVRATIL, Appellant, and CHARLES PREVRATIL, Respondent. (Proceeding No. 2.) In the Matter of the Estate of FRANK PREVRATIL, Deceased. FRANK A. PREVRATIL, as Executor of FRANK PREVRATIL, Deceased, under Will Dated May 24, 2011, Petitioner. NEIL PREVRATIL, Appellant. (Proceeding No. 3.)

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

Decided July 24, 2014.

Attorney(s) appearing for the Case

John T. Casey Jr. , Troy, for appellant.

Rowlands & LeBrou, PLLC, Latham ( James J. LeBrou of counsel), for respondents in proceeding No. 2.

LAHTINEN and GARRY, JJ., concur with PETERS, P.J.; McCARTHY, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

PETERS, P.J.

In 2006, decedent executed a will naming one of his two sons, Neil Prevratil, as executor and sole beneficiary of his estate. The major asset of decedent's estate was a farm which he used as a refuge for rescued horses. In February 2011, after decedent was diagnosed with lung cancer, he contacted an attorney for the purpose of revising his will. As decedent's medical condition...

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