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MATTER OF WARSASKI

258 A.D.2d 379 (1999)

685 N.Y.S.2d 684

In the Matter of the Estate of ABRAHAM WARSASKI, Deceased. MARSHALL SPIEGEL, Appellant; MICHAEL SPIEGEL, Respondent.

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

Decided February 23, 1999.

The Surrogate properly refused to admit in evidence the manuscripts offered by the objectant to establish lack of testamentary capacity. Objectant could not authenticate them due to the strictures of CPLR 4519. Nor was there any waiver of those strictures effected by the attorney-executor's testimony, since the attorney-executor did not testify to any transactions between the deceased and the objectant, and since, as the attorney who prepared the will, he was permitted to...

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