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ESTATE OF ROBERT E. LINTON, Deceased

ESTATE OF ROBERT E. LINTON, Deceased (16/1741 B) — Petitioner, a preliminary co-executor of the estate of his father, Robert E. Linton ("decedent"), commenced this proceeding to revoke preliminary letters testamentary issued to his co-fiduciary, Myron A. Hyman ("respondent"), and to disqualify him from serving as executor. For the reasons set forth below, the court suspends the preliminary letters issued to respondent pending a final adjudication of the issues raised in this proceeding.

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ESTATE OF ROBERT E. LINTON, Deceased (16/1741 B) — Petitioner, a preliminary co-executor of the estate of his father, Robert E. Linton (“decedent”), commenced this proceeding to revoke preliminary letters testamentary issued to his co-fiduciary, Myron A. Hyman (“respondent”), and to disqualify him from serving as executor. For the reasons set forth below, the court suspends the preliminary letters issued to respondent pending a final adjudication of the issues raised in this proceeding.

Decedent died on April 26, 2016, at the age of 90, survived by his wife and four adult children, one of whom is petitioner. In his will, decedent named his wife and respondent, a lawyer, as co-executors, and named respondent as sole trustee of a residuary trust created for the benefit of decedent’s wife. Since decedent’s wife suffers from dementia, she was unable to act as a fiduciary and thus petitioner, as the nominated successor co-executor, joined with respondent in petitioning to probate decedent’s will. They were granted preliminary letters on June 2, 2016. A guardian ad litem (the “GAL”) was appointed for decedent’s wife in the probate proceeding and in this removal proceeding.

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