MATTER OF DEMARINIS


294 A.D.2d 436 (2002)

741 N.Y.S.2d 907

In the Matter of the Estate of FELICIA DEMARINIS, Also Known as FELICIA M. DEMARINIS, Deceased. FELICIA J. FUSSICHEN, Respondent; ROGER C. HUTCHEON, Appellant.

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

Decided May 13, 2002.


Ordered that the decree is affirmed, with costs payable by the objectant personally.

In a will contest, "[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether [he or] she understood the nature and consequences of executing a will; (2) whether [he or] she knew the nature and extent of the property she was disposing of; and...

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