In re the Estate of Marshall

Appeal from a judgment of the Surrogate’s Court, Jefferson County (Peter A. Schwerzmann, S.), entered March 3, 2005. The judgment, inter alia, granted the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding, individually and as executrix of the estate of her husband (decedent), seeking reimbursement for the amount allegedly paid as a loan by decedent to respondent, his brother. We note at the outset that the order from which the…