IN RE ESTATE OF TIZER


14 A.D.3d 351 (2005)

786 N.Y.S.2d 743

In the Matter of the Estate of WILLIAM TIZER, Deceased. BURTON K. STEIN et al., Respondents; JEFFREY R. TIZER, Appellant. DANIEL ROSKOFF, Nonparty Respondent.

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

January 6, 2005.


The proponents of the will met their burden, through the affidavits of the subscribing witnesses and the attorney who had drafted the instrument, of establishing a prima facie case of testamentary capacity, and appellant failed to rebut that proof (see Matter of Kumstar, 66 N.Y.2d 691 [1985]; Matter of Windheim, 192 A.D.2d 337 [1993], lv denied 83 N.Y.2d 751 [1994]). There is no evidence...

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