MATTER OF VAN PATTEN


215 A.D.2d 947 (1995)

627 N.Y.S.2d 141

In the Matter of The Estate of Robert Van Patten, Deceased. Robert Van Patten, Jr., et al., as Preliminary Coexecutors of The Estate of Robert Van Patten, Deceased, Respondents; Dixie Lee Burger et al., Appellants, et al., Respondents

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

May 25, 1995


Casey, J.

At issue on this appeal is whether expert opinion evidence of a testator's mental condition based exclusively upon the testator's medical records is sufficient to create a question of fact on the issue of testamentary capacity when all of the direct evidence of the testator's mental condition from persons who observed and interacted with the testator during the relevant time period contradicts the...

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