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MATTER OF SOMMESE

204 A.D.2d 728 (1994)

614 N.Y.S.2d 22

In the Matter of The Estate of Concetta Sommese, Deceased. Adele L. Ferretti, Respondent; Anthony Sommese, Appellant

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

May 31, 1994

Ordered that the decree is affirmed insofar as appealed from; and it is further,

Ordered that the order dated May 18, 1992, is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs, payable by the appellant personally.

We find that the proponent of the will met her burden of establishing the testamentary capacity of the testatrix. At trial the uncontroverted testimony of the...

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