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MATTER OF DE SANCHEZ

File No. 2001-3187/S. Appeal No. 14612. Case No. 2021-00065.

199 A.D.3d 486 (2021)

158 N.Y.S.3d 37

2021 NY Slip Op 06325

In the Matter of Elizabeth L. de Sanchez, Grantor, Deceased. Pedro Arellano Lamar, as Personal Representative of the Estate of Elizabeth L. de Sanchez, Deceased, Objectant-Appellant, v. JPMorgan Chase Bank, N.A., Respondent.

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

Decided November 16, 2021.

Attorney(s) appearing for the Case

Dorsey & Whitney LLP, New York ( Mark S. Sullivan of counsel), for appellant.

Duane Morris LLP, New York ( Charles J. Keeley of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.

The Surrogate's Court appropriately concluded, as this Court had in Matter of De Sanchez (107 A.D.3d 409 [1st Dept 2013]), that the trustee established a prima facie case of revocation of the 5462 Trust at issue. Among other things, the grantor discussed and managed the 5462 Trust in correspondence prior to 1941, but afterwards, referred only to the other trusts created for her children. She also instructed, in 1940, that the 5462...

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