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MATTER OF ELKAN

4144, 316P/02.

84 A.D.3d 603 (2011)

923 N.Y.S.2d 495

In the Matter of the Estate of ARTHUR J. ELKAN, Deceased. LYNNE H. FEDERMAN, Appellant, et al., Petitioner; MARION R. GERDUS, Respondent.

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

Decided May 19, 2011.

The proponent of the will failed to sustain his burden of showing that the testator possessed testamentary capacity when he signed the will, i.e., that he understood the nature and consequences of executing a will (see Matter of Kumstar, 66 N.Y.2d 691 [1985]; Matter of Coddington, 281 App Div 143 [1952], affd 307 N.Y. 181 [1954]). The testimony of the disinterested witnesses demonstrated...

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