MATTER OF DIETRICH


271 A.D.2d 894 (2000)

706 N.Y.S.2d 763

In the Matter of the Estate of WILLIAM DIETRICH, Deceased. ROBERT DIETRICH, as Executor of WILLIAM DIETRICH, Deceased, Respondent; CHARLES DIETRICH et al., Appellants.

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

Decided April 27, 2000.


Mercure, J.

Decedent died in June 1998 survived by respondents, who are his nephews, and several grandnieces and grandnephews, including petitioner. Four days prior to his death, decedent executed a new will naming petitioner as executor and bequeathing the majority of his estate to petitioner and Wilma Schmidt. Petitioner offered the new will for probate and respondents filed objections alleging lack of testamentary capacity, undue influence and fraud. After the...

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