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MATTER OF OESTRICH

61 A.D.3d 1317 (2009)

877 N.Y.S.2d 754

In the Matter of the Estate of WILLIAM L. OESTRICH, Deceased. HELEN MAY OESTRICH, Appellant; CHRISTOPHER J. MORAN, as Guardian ad Litem of LAUREL McENANEY and Another, Respondent. STEPHANIE G. BECK, as Executor of WILLIAM L. OESTRICH, Deceased, Appellant.

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

Decided April 30, 2009.

Lahtinen, J.

Decedent executed a will in November 2004 in which he bequeathed his estate in equal shares to 13 beneficiaries, including petitioner (his spouse). He died in April 2006, his will was admitted to probate in July 2006 and later that month petitioner filed a notice of election. In early March 2008, the executor of decedent's estate (an attorney) notified petitioner's attorney that, in preparing to close the estate...

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