MATTER OF ESTATE OF FAIRBAIRN


46 A.D.3d 973 (2007)

846 N.Y.S.2d 779

In the Matter of the Estate of HOWARD J. FAIRBAIRN, Deceased. BARBARA FAIRBAIRN, as Executor of HOWARD J. FAIRBAIRN, Deceased, Appellant; CAROLYN DESILVA, Respondent.

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

Decided December 6, 2007.


Mercure, J.P.

In 2002, petitioner, who was decedent's second wife and is executor of his estate, sought to probate decedent's will dated June 1997. Richard Fairbairn, decedent's son from a prior marriage, filed objections to the will, claiming improper execution, lack of testamentary capacity, and undue influence and fraud upon decedent by petitioner. This Court ultimately affirmed a Surrogate's Court order granting petitioner's motion for summary judgment dismissing...

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