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MATTER OF DONALDSON

2012-106.

38 Misc.3d 841 (2012)

956 N.Y.S.2d 840

2012 NY Slip Op 22380

In the Matter of the Estate of MURIEL DONALDSON, Deceased.

Surrogate's Court, Richmond County.

December 18, 2012.

Attorney(s) appearing for the Case

John Z. Marangos for Linda Navallo, petitioner. Robert S. Larson for Diane Morelli and another, respondents.

OPINION OF THE COURT

ROBERT J. GIGANTE, S.

In this pending proceeding, Linda Navallo, the petitioner, moves for summary judgment declaring the trust and deed transfer (hereinafter referred to as the trust documents) executed by Muriel Donaldson, the decedent and petitioner's mother, void based on fraud, undue influence and lack of mental capacity. Respondents, Diane Morelli and Stephen Donaldson, oppose summary...

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