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MATTER OF HINMAN

242 A.D.2d 900 (1997)

662 N.Y.S.2d 948

In the Matter of The Estate of Bernard S. Hinman, Deceased. Lois J. Hale, Appellant; Mary Hamilton, Respondent

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

September 30, 1997

Decree unanimously reversed on the law without costs and petition granted.

Memorandum:

The Surrogate erred in denying the petition to admit to probate the last will and testament of Bernard Sidney Hinman. The will leaves the testator's entire estate to proponent, one of decedent's eight children. Proponent met her burden of proving that the testator possessed testamentary capacity at the time he executed the will (see, Matter of Kumstar,

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