MATTER OF ROSENBERG


266 A.D.2d 149 (1999)

699 N.Y.S.2d 280

In the Matter of the Estate of SADIE ROSENBERG, Deceased. SHELDON MASSER, Respondent; HOWARD DUBOYS, Appellant.

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

Decided November 30, 1999.


The proponent of the subject will submitted evidentiary proof sufficient to establish that the will was not the product of fraud or undue influence, namely, the transcripts of the SCPA 1404 hearing at which the attesting witnesses and attorney draftsman were examined. Appellant failed to counter such evidence with any admissible proof. Appellant's jurisdictional challenge was waived, not having been raised in his initial objections, and in any event is without merit. We have...

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