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IN THE MATTER OF TURNER

56 A.D.3d 863 (2008)

866 N.Y.S.2d 429

In the Matter of the Estate of MARY C. TURNER, Deceased. MARY KAY TURNER, as Executor of MARY C. TURNER, Decedent, Respondent; KERRY A. CORRIGAN, Appellant, and FALLON FRANCAZIO, Respondent, et al., Respondent.

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

November 6, 2008.

Spain, J.P.

At issue in this probate proceeding is the validity of decedent's last will and testament, executed in December 1999. In previous wills, decedent bequeathed her estate in equal shares to her daughters— petitioner and respondent Kerry A. Corrigan (hereinafter respondent)—and her only son, John Turner. In the most recent will, decedent distributed her assets to her son, petitioner, petitioner's daughter, and petitioner's granddaughter, making...

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