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IN THE MATTER OF ESTATE OF VENTURA

26 A.D.3d 334 (2006)

809 N.Y.S.2d 164

In the Matter of the Estate of FRANCES VENTURA, Deceased. SALVATORE VENTURA, Appellant; NICHOLAS VENTURA et al., Respondents.

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

February 7, 2006.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Surrogate's Court properly denied that branch of the petitioner's motion which was for summary judgment dismissing the objection to probate based on a lack of testamentary capacity (see Matter of Betz, 63 A.D.2d 769 [1978]). The petitioner established his prima facie entitlement to judgment...

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