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MATTER OF WILLIAMS

File No. 2554B/12. Appeal No. 15058. Case No. 2021-00796.

201 A.D.3d 510 (2022)

162 N.Y.S.3d 9

2022 NY Slip Op 00263

In the Matter of Lucille B. Williams, as Grantor. David Williams et al., Appellants, v. Claire Fisher Martino, Also Known as Claire Fisher Sordoni, Respondent.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Farrell Fritz, P.C., Uniondale ( Eric W. Penzer of counsel), for appellants.

Markewich and Rosenstock LLP, New York ( Lawrence M. Rosenstock of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

Petitioners, grantor Lucille's five stepchildren, were not entitled to a charge on the existence of a confidential relationship between Lucille and respondent Claire as a matter of law. Claire was, along with her mother Lucille, co-trustee of the trust at issue, and their close familial relationship counterbalances any legal presumption of undue influence (Matter of Walther, 6 N.Y.2d 49

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