MATTER OF PHILIP


173 A.D.2d 543 (1991)

In the Matter of Mary F. Philip, Deceased. Richard Fried, Respondent; Roger Roth, Appellant

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

May 13, 1991


Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.

Summary judgment was properly granted since the objectant failed to present any evidence showing that undue influence was exercised by the petitioner, his wife, or the attorney who drafted the testator's will, to effect a change in the testator's testamentary intent. Nor was evidence presented that their behavior was fraudulent in that respect. A mere showing...

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