MATTER OF BURKE


82 A.D.2d 260 (1981)

In the Matter of Maurice J. Burke, Deceased. Franklin L. Brosgol, as Executor of Maurice J. Burke, Deceased, et al., Respondents; Kathleen Joy, Appellant

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

August 3, 1981


Attorney(s) appearing for the Case

Albert E. Gleeson (Morton N. Wekstein of counsel), for appellant.

Charles G. Banks, Jr. (Irving Leavitt of counsel), for Franklin L. Brosgol, respondent.

Robert Abrams, Attorney-General (Jerome K. Karver and Jonathan J. Silbermann of counsel), for ultimate charitable beneficiaries, respondents.

DAMIANI, J. P., TITONE and MANGANO, JJ., concur.


GIBBONS, J.

This is an appeal from a decree of the Surrogate's Court of Westchester County, dated December 10, 1979, which admitted to probate a will of the decedent, dated August 23, 1978, following a contested probate trial at the conclusion of which the court granted proponent's motion to dismiss the objections upon the ground that the contestants had failed to establish a prima facie case of undue influence...

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