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“felt superior to everyone else”. In general, decedent “disliked
attorneys”. He felt attorneys “were out to get his money”.
At the time decedent died, Bar and decedent lived at 11520
Bixby Hill Road, Arcade, New York (Hundred Acres).1 There were
two houses on Hundred Acres. Decedent and Jo lived in “the Big
House”, and Bar and his wife, Charlene Voit Aronson (Charlene),
lived in “the Little House”. While living on Hundred Acres, Bar
took care of decedent, Jo, and Hundred Acres.
Bar was responsible for maintaining Hundred Acres. Decedent
met with Bar once a week to discuss the maintenance of Hundred
Acres, to inform Bar of anything that required attention, and to
chastise Bar if he did not get things done in a timely fashion.
Decedent had conversations with Bar regarding estate taxes and
Jo’s income. Decedent, however, never discussed leaving a QTIP
to Jo.
On May 31, 1980, decedent executed a will (1980 will). The
1980 will revoked all prior wills and codicils. In the first
article of the 1980 will, decedent gave all of his personal
effects, household effects, motor vehicles, works of art, and
tangible personal property to Jo. The 1980 will also provided:
SECOND: If my wife survives me, I hereby create a
marital trust. There shall be allocated to the marital
trust that amount (if any) which, when added to any
other sums allowable in determining the marital
1 Around 1981, Bar had moved into the Little House on
Hundred Acres.
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