MATTER OF BURACK


201 A.D.2d 561 (1994)

607 N.Y.S.2d 711

In the Matter of The Estate of Robert Burack, Deceased. Zahava Burack, Respondent; Neil D. Burack et al., Appellants

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

February 14, 1994


Ordered that the decree is affirmed, with costs payable by the appellants personally.

Contrary to the appellants' contention, the trial court did not improvidently exercise its discretion by admitting into evidence a videotape of the will execution (see, Boyarsky v Zimmerman Corp., 240 App Div 361, 364). The videotape was not offered in an attempt to probate the document as a will; rather, it was offered as evidence of the decedent's testamentary capacity...

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