MATTER OF MAKITRA

8211, 10589/97.

101 A.D.3d 1579 (2012)

956 N.Y.S.2d 780

2012 NY Slip Op 8868

In the Matter of the Estate of STEVEN MAKITRA, SR., Deceased. WILLIAM T. MAKITRA, as Executor of STEVEN MAKITRA, SR., Deceased, Respondent. STEVEN A. MAKITRA, JR., Appellant; PATRICK McALLISTER, ESQ., Guardian Ad Litem for SHANE GLASS, Respondent.

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

December 21, 2012.


It is hereby ordered that the decree so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from a decree that rejected his claims that the November 2007 will of decedent was invalid, objectant contends that decedent lacked testamentary capacity when he executed the will. Objectant further contends that petitioner, decedent's nephew, exercised undue influence on decedent at the time decedent executed his will, and that Surrogate's Court improperly...

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