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ESTATE OF IRIS BRUNO, Deceased. (11/4030) — In this contested probate proceeding in the estate of Iris Bruno, Peter Shevell seeks to probate an instrument dated June 29, 2010. Five of decedent’s distributees have joined in filing objections, alleging, inter alia, lack of due execution, lack of testamentary capacity, fraud, and undue influence. Proponent now moves to dismiss the objections as to one of the distributees, Andrea Rose, on the ground that she lacks standing (CPLR 3211[a]) in view of a bequest to her under the propounded instrument.

Decedent died on August 8, 2011, survived by eleven first cousins once removed and leaving an estate valued by proponent at approximately $482,000. Under the propounded instrument, Rose receives decedent’s cooperative apartment, undisputedly valued at approximately $400,000, and proponent receives the residuary estate. Under a penultimate testamentary instrument, Rose receives (after pre-residuary bequests totaling $21,000) only co-ownership of the apartment with her husband and a one-fifth share of the residuary estate (with the balance of the residuary left in equal shares to the four other objectants).

 
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