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In the Matter of Barrett

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 582 (N.Y. App. Div. 2005)

Opinion

2003-10453.

March 21, 2005.

In a contested probate proceeding, the objectant appeals from a decree of the Surrogate's Court, Queens County (Nahman, S.), dated October 15, 2003, which, inter alia, denied her motions, among other things, for summary judgment denying probate of the will in question, and in effect, upon searching the record, awarded summary judgment to the proponents, dismissed her objections, and admitted the will to probate as the last will and testament of the decedent.

Before: Prudenti, P.J., S. Miller, Ritter and Goldstein, JJ., concur.


Ordered that the decree is affirmed, with costs payable by the objectant personally.

The Surrogate's Court properly, in effect, upon searching the record, awarded summary judgment to the proponents, dismissed the objections, and admitted the will to probate as the last will and testament of the decedent. The objectant, after conducting extensive discovery, failed to present any evidence to support her conclusory allegations with regard to due execution, testamentary capacity, fraud, or undue influence ( see Matter of Weinberg, 1 AD3d 523).

The objectant's remaining contentions are without merit.


Summaries of

In the Matter of Barrett

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 582 (N.Y. App. Div. 2005)
Case details for

In the Matter of Barrett

Case Details

Full title:In the Matter of the Estate of ANNA GRACE BARRETT, Also Known as GRACE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 21, 2005

Citations

16 A.D.3d 582 (N.Y. App. Div. 2005)
790 N.Y.S.2d 882

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