ESTATE OF PHYLLIS MAHON Deceased

ESTATE OF PHYLLIS MAHON Deceased (10/3151/D) — In this contested proceeding commenced pursuant to SCPA 2103 and 2104, petitioner Wells Fargo Bank, N.A. (Wells Fargo), as administrator c.t.a. of the estate of Phyllis Mahon (decedent), moves to amend its petition. Respondent Barbara Mahon (Barbara) cross-moves to deny the motion, or, in the alternative, to allow her additional party and non-party discovery; to permit her to file a request for a jury trial; and to preclude Wells Fargo from seeking to allocate attorney's fees and expenses to her in this proceeding. Wells Fargo opposes the cross motion. Respondent Stephanie Mahon (Stephanie) has not filed any papers in response to the motion or cross motion. For the reasons set forth below, Wells Fargo's motion to amend the petition is granted, and Barbara's cross motion is granted solely to the extent she seeks permission to include a jury demand in her answer to the amended petition.

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ESTATE OF PHYLLIS MAHON Deceased (10/3151/D) — In this contested proceeding commenced pursuant to SCPA 2103 and 2104, petitioner Wells Fargo Bank, N.A. (Wells Fargo), as administrator c.t.a. of the estate of Phyllis Mahon (decedent), moves to amend its petition. Respondent Barbara Mahon (Barbara) cross-moves to deny the motion, or, in the alternative, to allow her additional party and non-party discovery; to permit her to file a request for a jury trial; and to preclude Wells Fargo from seeking to allocate attorney’s fees and expenses to her in this proceeding. Wells Fargo opposes the cross motion. Respondent Stephanie Mahon (Stephanie) has not filed any papers in response to the motion or cross motion. For the reasons set forth below, Wells Fargo’s motion to amend the petition is granted, and Barbara’s cross motion is granted solely to the extent she seeks permission to include a jury demand in her answer to the amended petition.

Decedent died on December 17, 2010 survived by three daughters, Stephanie, Barbara and Gwendolyn Mahon Thaxter (Gwendolyn). Pursuant to a decree dated September 14, 2011, this court admitted decedent’s will to probate, and letters of administration c.t.a. issued to Wells Fargo. Decedent’s will divides her estate equally among her three daughters.

ESTATE OF PHYLLIS MAHON Deceased

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