MATTER OF MARY

532934.

202 A.D.3d 1418 (2022)

163 N.Y.S.3d 691

2022 NY Slip Op 01220

In the Matter of the Estate of Virginia A. Mary, Deceased. Tina M. Kilkeary, as Executor of the Estate of Virginia A. Mary, Deceased, Respondent; Raymond L. Mary, Jr., Appellant.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Niles & Bracy, PLLC, Plattsburgh ( Evan F. Bracy of counsel), for appellant.

Law Offices of Stephen A. Johnston, Plattsburgh ( Stephen A. Johnston of counsel), for respondent.

Clark, Aarons and Colangelo, JJ., concur.


In March 2008, Virginia A. Mary (hereinafter decedent) purportedly executed a will in which she bequeathed all her property and assets, in equal shares, to her three children: petitioner, respondent and their sister (hereinafter the third sibling). In March 2018, decedent executed a new will, leaving her financial accounts to her three...

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