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ESTATE OF CAROLE PALMIERI, Deceased (12/1154) — In this contested probate proceeding, Rosemary Bellinger (“respondent”) moves this court for an order (i) precluding Patricia Palmieri (“petitioner”) from offering evidence on the undue influence issue and/or determining that issue in favor of respondent; (ii) suppressing admission and use at the trial of this will contest the tape recordings1; (iii) suppressing admission and use at trial of derivative materials from the tape recordings, including copies of all or part of the tape recordings, transcripts thereof, and testimony concerning their contents; and (iv) granting respondent such other and further relief as to the court may seem just and proper. The motion is granted in part, as more fully set forth herein.

Decedent died on May 5, 2012 survived by her two daughters: petitioner (Patricia Palmieri) and respondent (Rosemary Bellinger). By petition dated May 18, 2012, petitioner seeks admission to probate of decedent’s purported last will and testament dated October 29, 2009. Pursuant to the propounded instrument, petitioner is the residuary beneficiary of decedent’s estate and respondent is the legatee of a $100,000.00 bequest. The propounded instrument contains an in terrorem clause. The probate petition values decedent’s estate at $500,000.00, consisting of personal property. A prior instrument purportedly executed by decedent in 2007 bequeathed most of her estate in equal shares to petitioner and respondent.

 
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