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MATTER OF JACOBS

File No. 11-367869/A. 2015-06629. Docket No. XXXXX.

153 A.D.3d 622 (2017)

57 N.Y.S.3d 410

2017 NY Slip Op 06076

In the Matter of MORRIS JACOBS, Deceased. SUSAN THYS-JACOBS, Respondent; ELLENMORRIS TIEGERMAN, Appellant.

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

Decided August 9, 2017.

Ordered that the decree is affirmed, with costs.

The decedent, Morris Jacobs, died on April 16, 2011. He was survived by his wife, Rita Jacobs, and his three children, Ellenmorris Tiegerman, Susan Thys-Jacobs, and Daniel Jacobs. The decedent's last will and testament, dated October 14, 2009, nominated Rita as the executor of the estate and Susan as the successor executor. Rita filed a petition to admit the will to probate. After Rita became unable to fulfil her fiduciary...

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