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MATTER OF ESTATE OF MALONE

46 A.D.3d 975 (2007)

846 N.Y.S.2d 782

In the Matter of the Estate of JANET M. MALONE, Deceased. CLYDE F. MATTESON, JR., et al., Respondents; GLORIA B. COLE et al., Appellants, et al., Respondents.

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

Decided December 6, 2007.

Mugglin, J.

Janet M. Malone (hereinafter decedent) died testate in June 2005, leaving a last will and testament dated January 9, 2004. She was survived by three of her seven siblings and several nieces, nephews, grandnieces and grandnephews. Petitioners filed a petition to admit the will to probate and respondents filed objections thereto, claiming lack of testamentary capacity, lack of due execution and undue influence. A hearing was conducted pursuant to SCPA 1404...

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