MATTER OF GREENBERG


209 A.D.2d 218 (1994)

618 N.Y.S.2d 1022

In the Matter of The Estate of William Greenberg, Also Known as William Abel Deceased. Alvin Bodenstein, Respondent; Monty Weinstein et al., Appellants

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

November 10, 1994


The objectants failed to present any evidence whatsoever that the deceased lacked the testamentary capacity to execute a will on February 6, 1970 sufficient to raise a question of fact for consideration by the jury. They, similarly, did not call any witnesses or introduce any documentary evidence to challenge the testimony by petitioner's witness that there was due execution, testamentary capacity, no fraud or undue influence or any other impairment to the validity of the...

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