MATTER OF BRADY


39 A.D.2d 605 (1972)

In the Matter of The Estate of Katherine V. Brady, Deceased. Henry J. Robinson, Respondent-Appellant; Edward J. Walsh et al., Appellants-Respondents; Little Sisters of the Poor et al., Respondents

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

April 24, 1972


Order modified by adding thereto a provision that the proponent's motion is also denied as to the objections of improper execution and undue influence and that a trial of those issues together with the issue of testamentary capacity shall proceed forthwith. As so modified, order affirmed, with $10 costs and disbursements to appellants-respondents against respondent-appellant personally.

In our opinion, the proponent has failed to meet his burden of establishing the...

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