In re the Estate of Nealon

Appeal from a judgment of the Surrogate’s Court of Schenectady County (Versaci, S.), entered January 7, 2011, upon a verdict rendered in favor of petitioner.

Decedent passed away in 2004, leaving three living sons, including petitioner who, as the executor of decedent’s estate, commenced this proceeding seeking to recover property allegedly belonging to the estate from his brother, respondent Peter J. Nealon, and Nealon’s then wife, respondent Tracey McGann* (see SCPA 2103 [1]). Decedent moved in with respondents in 2002, after being diagnosed with Alzheimer’s disease, and resided with them…