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IN THE MATTER OF THE ESTATE OF WELTZ

16 A.D.3d 428 (2005)

791 N.Y.S.2d 141

In the Matter of the Estate of ILONA WELTZ, Deceased. HENRY WELTZ et al., Respondents; MURRAY WELTZ, Appellant.

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

March 7, 2005.

Ordered that the decree is affirmed insofar as appealed from, with costs.

The Surrogate's Court properly granted summary judgment dismissing that portion of the fourth objection which alleged that the proponents procured the will through the exercise of undue influence. The objectant failed to submit any evidence, beyond conclusory allegations and speculation, that the proponents actually exercised undue influence over the decedent (see Matter of Walther, ...

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