MATTER OF BROWN

2304, 2056/10.

144 A.D.3d 587 (2016)

2016 NY Slip Op 07993

42 N.Y.S.3d 23

In the Matter of HIMAN BROWN, Deceased. BARRY BROWN, Appellant; RICHARD L. KAY, Respondent.

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

Decided November 29, 2016.


The will bequeaths decedent's entire estate to nonparty Radio Drama Network, Inc. Thus, the only way objectant can argue that Richard L. Kay (the proponent of the will) tricked decedent is by challenging the October 20, 2004 restatement of the Himan Brown Revocable Trust. However, as the Surrogate noted, objectant lacks standing to contest the 2004 restatement because he had no beneficial interest in any prior version of the trust (see Matter of Ramm v Allen,

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