MATTER OF RICHARDSON


43 A.D.3d 1352 (2007)

842 N.Y.S.2d 628

In the Matter of the Estate of BRADLEY H. RICHARDSON, Deceased. RONALD J. SCHILLER, Respondent; SHIRLEY H. RICHARDSON, Appellant.

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

Decided September 28, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Surrogate's Court properly granted petitioner's motion for summary judgment dismissing the objections filed by decedent's mother and admitted decedent's will to probate. "Summary judgment in contested probate proceedings, while rare, should not be withheld where, as here, [the] proponent makes out a prima facie case for probate and...

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