MATTER OF KUMSTAR


66 N.Y.2d 691 (1985)

In the Matter of The Estate of Rose B. Kumstar, Deceased. Peter H. Harp, Appellant; Henry Bruckert, Respondent.

Court of Appeals of the State of New York.

Decided October 15, 1985.


Attorney(s) appearing for the Case

Wendell D. Harp for appellant.

Charles A. Judelson and John M. Clancy for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to Surrogate's Court for entry of a decree granting the petition for probate.

It is the indisputable rule in a will contest that "[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she understood the nature and consequences...

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