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MATTER OF SHEPARD

286 A.D.2d 336 (2001)

728 N.Y.S.2d 784

In the Matter of the Estate of ESTHER SHEPARD, Deceased. JUDITH ARVAN, Respondent; ALEXANDRA PETILLA, Appellant.

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

Decided August 6, 2001.

Ordered that the decree is reversed, as a matter of discretion, and a new trial is granted, with costs to abide the event.

Esther Shepard, the decedent, had two daughters, Judith Arvan, the proponent of the will, and Alexandra Petilla, the objectant. The decedent had various prior wills, including one executed in 1991, which divided her estate between her daughters. However, in 1993 the decedent executed a new will, which...

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