Opinion
May 21, 1996
Appeal from the Surrogate's Court, New York County, Renee Roth, S., Eve Preminger, S.
On April 27, 1972, testator executed her will, which provided a general legacy to objectant. On June 5, 1975, testator executed a codicil cancelling the provision granting objectant's legacy, and in its place substituted a legacy to objectant's daughter. Two attorney witnesses to the execution of the codicil testified as to all the required formalities of execution, or that it was the firm's practice to follow those formalities. This satisfied the proponents' burden on the issues of due execution and testamentary capacity ( Matter of Collins, 60 N.Y.2d 466).
The draftsman of the codicil testified unequivocally that the testator directed him to revoke objectant's bequest, that he had no input into her decision, and that he had never met objectant prior to the time the codicil was executed. Objectant presented no evidence raising any issue of fact as to fraud, undue influence or mistake. Accordingly, summary judgment dismissing the objections, and admitting the will to probate, was properly granted ( see, Matter of Goldberg, 180 A.D.2d 528; Matter of Philip, 173 A.D.2d 543; Matter of Witkowski, 85 A.D.2d 807, lv denied 56 N.Y.2d 505).
Concur — Milonas, J.P., Ellerin, Rubin, Nardelli and Tom, JJ.