New York Probate and Estate Administration Lawyer Blog
Queens Probate 26
This is a probate proceeding being held in the Second Department, Appellate Division of the Supreme Court of the State of New York. In this case the residuary legatee, who was named in a will dated December of 1955, offered it for probate as the last will and testament of the decedent. The legatee is appealing a decree that was made in the Surrogate’s Court of Queens County. The decree denied probate for the will on the ground of lack of testamentary capacity and undue influence.
Case Discussion
The evidence in this case supports the fact that the decedent lacked testamentary capacity at the time the will was executed. However, the evidence fails to support that the will was the result of undue influence.
Case Decision
A New York Probate Lawyer said the decree is modified on the law and the facts in the case. The fourth paragraph of the provision that adjudicated that the will was the result of undue influence is struck out and a contrary adjunction will replace it. The decree as appealed from is affirmed with costs to all of the parties that filed briefs. The costs will be paid from the estate.
Two of the judges in this case have agreed to the modification, but dissent in regard to the issue of the decedent lacking testamentary capacity and vote to reverse the decree in its entirety.
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