MATTER OF RELLA

9868, 2633/10.

105 A.D.3d 607 (2013)

963 N.Y.S.2d 253

2013 NY Slip Op 2693

In the Matter of the Estate of GRACE T. RELLA, Deceased. VINCENT RELLA et al., Appellants. GILBERT F. RELLA, as Executor of GRACE T. RELLA, Deceased, Respondent.

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

Decided April 23, 2013.


Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered March 29, 2012, which granted executor-respondent's motion for partial summary judgment dismissing the objections, unanimously affirmed, without costs.

Objectants failed to raise a triable issue as to capacity, where they offered only the general comment by one of them that decedent, for the period of about a year was "at times confused," and executor offered the testimony of three disinterested...

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