MATTER OF DUPLESSIS

2014-03412, 2014-03720

123 A.D.3d 927 (2014)

1 N.Y.S.3d 128

2014 NY Slip Op 08841

In the Matter of Louis A. DUPLESSIS, Deceased. ELEANOR P. ALU, as Executor of LOUIS DUPLESSIS, Deceased, Appellant. JENNIE DUPLESSIS, Respondent.

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

Decided December 17, 2014.


Ordered that the decrees are affirmed, with costs payable by the estate.

Jennie Duplessis (hereinafter Jennie) married the decedent in 1963. In 1987, Jennie left the marital home, and she lived separately from the decedent until the decedent's death in 2010. After the decedent's will was admitted to probate, Jennie petitioned pursuant to EPTL 5-3.1 to compel the executor of the decedent's estate (hereinafter the executor) to set apart and turn over exempt property...

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