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MATTER OF BOBST

234 A.D.2d 7 (1996)

651 N.Y.S.2d 26

In the Matter of The Estate of Elmer H. Bobst, Deceased. Mamdouha S. Bobst et al., Appellants; Anne B. Highley, Respondent. In the Matter of The Estate of Elmer H. Bobst, Deceased. Anne B. Highley, Appellants; Mamdouha S. Bobst et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1996

Denial of vacatur without a hearing was appropriate, despite the apparent conflict in the medical expert opinion. The determination of whether the granddaughter had been capable of protecting her legal rights at the time of the 1979 settlement turns not on any technical diagnosis or psychological classification, but on a pragmatic assessment of her daily living skills and all of the facts and circumstances relevant to her ability to safeguard her legal rights (see...

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