MATTER OF CLAPPER, SR.


279 A.D.2d 730 (2001)

718 N.Y.S.2d 468

In the Matter of JOHN F. CLAPPER, SR., Deceased. JOANNE CLAPPER, as Executor of JOHN F. CLAPPER, SR., Deceased, Respondent; JOHN F. CLAPPER, JR., Appellant.

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

Decided January 11, 2001.


Mugglin, J.

On July 19, 1996, John F. Clapper, Sr. (hereinafter decedent) executed an instrument purporting to be his last will and testament before Charles Clay, the attorney draftsman, and his secretary, Nancy Ferretti. The will named petitioner, his daughter, as executor, bequeathed 1,000 loose pennies to respondent, decedent's son, and left the rest, residue and remainder of his estate to petitioner. Respondent objected to probate, contending lack of due execution...

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