MATTER OF LEVITAN

File No. 371800/12, 2014-05158.

134 A.D.3d 716 (2015)

21 N.Y.S.3d 303

2015 NY Slip Op 08838

In the Matter of GEORGE LEVITAN, Deceased. GARY LEVITAN, Appellant; SYDELLE LEVITAN, Respondent.

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

Decided December 2, 2015.


Ordered that the decree is affirmed insofar as appealed from, with costs payable personally by the petitioner.

The testator died on May 20, 2012, leaving a will dated December 31, 1996. The testator had one son, the petitioner, Gary Levitan (hereinafter Gary), who was born of a previous marriage. The testator's wife, the respondent, Sydelle Levitan (hereinafter Sydelle), has no issue. In Article Third of the will, the testator created a trust for the benefit of Sydelle...

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