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MATTER OF WINDHEIM v. HUGGARD

192 A.D.2d 337 (1993)

596 N.Y.S.2d 678

In the Matter of The Estate of Minerva D. Windheim, Deceased Daniel Rhoades, Appellant, v. Elizabeth A. Huggard et al., Respondents

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

April 6, 1993

The proponents of the will met their burden, through the testimony of the subscribing witnesses, of establishing a prima facie case of testamentary capacity (see, Matter of Kumstar, 66 N.Y.2d 691, 692), thus shifting the burden to the objectant to disprove testamentary capacity (see, Matter of Kaplan, 50 A.D.2d 429, 431, affd 41 N.Y.2d 870

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