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MATTER OF WAGNER

232 A.D.2d 180 (1996)

647 N.Y.S.2d 940

In the Matter of The Estate of Caroline Wagner, Also Known as Caroline W. Schonberg, Deceased. Carol Sudol, Appellant; Judy Bardacke et al., Respondents

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

October 3, 1996

The proponents made out a prima facie case for probate through the testimony of the two attesting witnesses, both attorneys, as to all the required formalities of execution (Matter of Tully, 227 A.D.2d 288). Objectant's conclusory allegations, unsupported by any proof notwithstanding extensive discovery, were insufficient to raise a triable issue of fact with regard to due execution, testamentary capacity, or alleged fraud...

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