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MATTER OF ESTATE OF WILKINS

525442.

160 A.D.3d 1268 (2018)

75 N.Y.S.3d 626

2018 NY Slip Op 02703

In the Matter of the Estate of Robert J. Wilkins, Deceased. Elizabeth A. Wilkins, as Executor of the Estate of Robert J. Wilkins, Deceased, Appellant; Bruce R. Wiederspiel et al., Respondents, et al., Respondent.

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

Decided April 19, 2018.

In 2005, Robert J. Wilkins (hereinafter decedent) and his corporation borrowed $300,000 from his friend, respondent Bruce R. Wiederspiel, secured by a note and mortgage on real property and decedent's personal guarantee. Pertinent here, the mortgage required decedent to maintain and assign to Wiederspiel a life insurance policy to further...

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