MATTER OF GOLDBERG


153 Misc.2d 560 (1992)

In the Matter of The Estate of Albert Goldberg, Deceased.

Surrogate's Court, New York County.

February 14, 1992


Attorney(s) appearing for the Case

William E. Betz (Bernard F. McGovern of counsel), for Alicia Goldberg. Jacob D. Fuchsberg Law Firm (Rosalind Fuchsberg Kaufman and Sharman T. Propp of counsel), for Ethel Schuman, as executrix.


EVE PREMINGER, S.

This bitterly contested dispute between the decedent's widow and his sister, who is the executrix of his estate, turns on an issue frequently raised in this court, the decedent's mental capacity. What is unusual here is that the challenged capacity is not decedent's capacity to make a will, but whether he had the degree of understanding required to release his wife from their antenuptial agreement...

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