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MATTER OF JACOBS

251 A.D.2d 581 (1998)

673 N.Y.S.2d 934

In the Matter of The Estate of Bernard Jacobs, Deceased. Ingrid A. Jacobs, Appellant; Karen J. Lauder et al., Respondents

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

June 22, 1998

Ordered the the order is affirmed, with costs payable by the estate.

The Surrogate's Court properly denied the motion for summary judgment dismissing the objections to probate of the decedent's will which alleged, inter alia, lack of testamentary capacity, undue influence, and fraud. The objectants' evidence, if accepted as true (see, Murphy v Herfort, 140 A.D.2d 415, 416; Weiss v Garfield,

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