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MATTER OF SCHLAEGER

2935, 2935A, 1034/07.

74 A.D.3d 405 (2010)

903 N.Y.S.2d 12

In the Matter of RALPH SCHLAEGER, Deceased. HERBERT H. HOCHBERG, Respondent; JUDITH SCHLAEGER et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 1, 2010.

Proponent met his burden of establishing the decedent's testamentary capacity with the self-proving affidavit of the attesting witnesses stating that the decedent was of "sound mind, memory and understanding" and was not incompetent (Matter of Friedman, 26 A.D.3d 723, 725 [2006], lv denied 7 N.Y.3d 711 [2006]; Matter of Korn, 25 A.D.3d 379, 379 [2006]; Matter of...

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