Succession of Villarrubia

JiCIACCIO, Judge.

This ease arises out of a petition to re-open the Succession of Stella Lescale Villarrubia filed by plaintiff, Todd Villarrubia. From a summary judgment rendered in favor of defendants, Donald J. Villarrubia, individually, and as the former executor of the Succession of Stella Lescale Villarrubia, dismissing his claim, plaintiff now appeals. We reverse.

Stella Lescale Villarrubia died on January 13, 1992. She was survived by two of her three sons, Donald J. Villarrubia and Milton J. Villarrubia Jr. A third son, Stanley G. Villarrubia, predeceased Stella. Plaintiff is the sole…