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MATTER OF SCHMIDT

File No. 357862. 2017-13085.

194 A.D.3d 723 (2021)

148 N.Y.S.3d 477

2021 NY Slip Op 02804

In the Matter of John G. Schmidt, Deceased. Barbara M. Capone, Respondent; John Schmidt, Jr., Appellant.

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

Decided May 5, 2021.

Attorney(s) appearing for the Case

Steven Greenfield , West Hampton Dunes, NY, for appellant.

John P. Della Ratta, Jr. , Greenvale, NY, for respondent.

Rivera, J.P., Dillon, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the decree is affirmed, with costs.

On March 24, 2009, John G. Schmidt (hereinafter the decedent) executed his last will and testament before two disinterested witnesses and under the supervision of the attorney who drafted it. The will, inter alia, expressly disinherited the decedent's son, John Schmidt, Jr., "having generously provided for him during my lifetime." This will was the third since 1992 in which the decedent declined to provide for his son...

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