Opinion
April 10, 1989
Appeal from the Surrogate's Court, Kings County (Bloom, S.).
Ordered that the decree is affirmed, with costs payable by the appellants personally.
The determination of the Surrogate, who presided at the trial and heard all of the testimony, is entitled to great weight. Unless shown to be clearly erroneous, it should not be set aside on appeal (see, Matter of Thorne, 108 A.D.2d 865; Matter of Poggemeyer, 87 A.D.2d 822).
We find that the conclusions of the Surrogate are fully supported by the record. The proponents clearly sustained their burden of proving the testamentary capacity of the testator and disproving the objections to the will (see, Matter of Kumstar, 66 N.Y.2d 691). Mollen, P.J., Kunzeman, Spatt and Rosenblatt, JJ., concur.