In re the Estate of Nealon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
*1326Petitioner, the executor of the estate of his late mother (hereinafter decedent), commenced this proceeding pursuant to SCPA 2103 against one of his two brothers, respondent Peter J. Nealon (hereinafter respondent), and respondent’s wife in order to, among other things, determine the legitimacy of certain disbursements to respondents from decedent’s bank accounts prior to her death and, if necessary, recover them for the estate. The record shows that, following her husband’s death in May 2001, decedent lived by herself until September 2002 when she moved into respondents’ home after being…
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