MATTER OF RUDOLPH


60 A.D.3d 685 (2009)

874 N.Y.S.2d 250

In the Matter of SUSAN E. RUDOLPH, Deceased. CHARLES M. GARCIA, Respondent; EDITH KORN, Appellant.

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

Decided March 3, 2009.


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

The Surrogate's Court properly granted that branch of the petitioner's motion which was for summary judgment dismissing the objection of Edith Korn (hereinafter the objectant) to the probate of the last will and testament of the decedent, Susan E. Rudolph, based on lack of testamentary capacity. In opposition to the petitioner's prima facie showing that...

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