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MATTER OF LEVINE

File No. 363619/11, 2014-02750.

136 A.D.3d 920 (2016)

26 N.Y.S.3d 146

2016 NY Slip Op 01185

In the Matter of JULES B. LEVINE, Deceased. MARY ANNE LEVINE, Appellant; MARK C. PELTZ, as Executor/Trustee, et al., Respondents.

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

Decided February 17, 2016.

In a probate proceeding in which the beneficiary of a trust, Mary Ann Levine, petitioned pursuant to SCPA 1420 for the construction of certain provisions of the testator's will, Mary Ann Levine appeals from so much of a decree of the Surrogate's Court, Nassau County (McCarty III, S.), dated December 4, 2012, as, upon a decision of the same court dated October 22, 2012, directed that income generated as rent from properties in Montauk and Long Beach is part of, and not in...

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