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IN THE MATTER OF LEACH

3 A.D.3d 763 (2004)

772 N.Y.S.2d 100

In the Matter of the Estate of CLAUDE C. LEACH, Deceased. PATRICIA S. SCHIBECI, Individually and as Executor of CLAUDE C. LEACH, Deceased, Respondent; RALPH LEACH, Appellant.

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

January 22, 2004.

Mugglin, J.

Respondent, decedent's brother, asserts on appeal that Surrogate's Court erred in granting summary judgment admitting decedent's will to probate because issues of fact exist concerning lack of due execution of the will and decedent's lack of testamentary capacity.* Respondent further asserts that the court prematurely granted summary judgment without affording an opportunity to complete discovery. Finding lack of merit in any...

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