Ordered that the order is affirmed, with costs payable by the appellant.
Based upon a review of the record herein, we conclude that the Surrogate's Court properly determined that the testator possessed the requisite testamentary capacity when he revoked his first will dated March 26, 1986, in which the objectant Sharon Hospital, Inc. was named as a residuary legatee. It is well established that in order to revoke a will, a testator must have the same capacity which...
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