MATTER OF RELLA


278 A.D.2d 136 (2000)

718 N.Y.S.2d 57

In the Matter of the Estate of GRACE T. RELLA, Deceased. GILBERT R. RELLA et al., Appellants; ELIZABETH SCHIANO, Respondent.

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

Decided December 21, 2000.


An issue of fact as to the decedent's testamentary capacity is raised by the sworn statements of one of the decedent's children, who is a doctor, and similar statements by the objectant, that when the decedent executed the codicil some five months before she died at the age of 89 (84 according to the proponents), she was in deteriorated physical, emotional and mental states, suffering from arteriosclerosis, often crying, depressed and forgetful, and was taking medications...

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