MATTER OF GALASSO


226 A.D.2d 260 (1996)

641 N.Y.S.2d 32

In the Matter of The Estate of Arthur S. Galasso, Deceased. Frances S. Karian et al., as Executrices, Appellants; Margaret Ranieri, Respondent

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

April 23, 1996


We perceive no error in the conclusions reached by the Surrogate based upon the testimony adduced at trial. At the time of the contested lease and transfer of stock, the deceased, while suffering from cancer, was shown to be of sufficient competence to execute the lease knowingly and voluntarily and to make the inter vivos gift. In addition to the lay testimony establishing decedent's mental capacity at the time of the contested actions, the sole expert witness was deceased...

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