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Appellants Contends Decedent Lacked Testamentary Capacity


This is a case being heard in front of the Supreme Court of the State of New York, Appellate Division, and Second Judicial Department. The case is a contested probate proceeding. The objectant of the case is appealing a decree made by the Surrogates Court of Queens County. The decree granted the petitioners motion for summary judgment and dismissed the objections to probate based on undue influence and admitted the will for probate.

Case Background

The last will and testament of the decedent is dated the 18th of September, 2003. The decedent passed away on the 29th of July, 2007. The will left the entire estate to the proponent, who filed a petition for probate. The propounded will referred to the decedent’s daughter, the objectant of the case, and named her as the contingent beneficiary of the estate if the proponent predeceased the decedent. The objectant filed objectants to the probate of the will alleging that it was written by the testator executed this will under undue influence by the proponent.

Court Discussion and Decision

The appellant has failed to provide any evidence showing that the decedent lacked testamentary capacity or that any undue influence or fraud had been exercised upon the decedent. A Westchester County Probate Lawyer said for this reason, the court affirms the original order and the appeal are denied. All costs will be paid by the appellant personally.

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