MATTER OF BRODY


197 A.D.2d 447 (1993)

602 N.Y.S.2d 621

In the Matter of The Estate of Myrtle Brody, Deceased. Herbert Feiler et al., Appellants-Respondents; Stewart J. Wallace, Respondent-Appellant

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

October 21, 1993


While objectant demonstrated a reasonable excuse for his default in filing timely objections to the propounded instrument, he failed to make a prima facie showing on the issues of lack of testamentary capacity and undue influence. Objectant's speculation that decedent had been disoriented in her final months was controverted by decedent's hospital physician during that period. Although petitioner Rosemary Spencer Kaye, who was named as an executor and a substantial beneficiary...

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