MATTER OF ESTATE OF MALAN


56 A.D.3d 479 (2008)

866 N.Y.S.2d 744

In the Matter of the Estate of ROY MARK MALAN, Also Known as RENATO MARCO MALAN, Deceased. MARION MALAN, Respondent; ISABELLA SOMA, Appellant.

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

Decided November 5, 2008.


Ordered that the order and decree is affirmed, with costs payable by the appellant personally.

On her motion for summary judgment, the petitioner established that the subject will was duly executed pursuant to EPTL 3-2.1. The attestation clause and self-proving affidavit give rise to a presumption of compliance with all statutory provisions (see Matter of Collins, 60 N.Y.2d 466, 471 [1983]; Matter of Moskoff,

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