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MATTER OF MENDELSON

12153-4348/09, 12154

116 A.D.3d 477 (2014)

982 N.Y.S.2d 888

2014 NY Slip Op 2391

In the Matter of DOROTHY K. MENDELSON, Deceased. JONATHAN MENDELSON, Appellant, WILLIAM A. KASS et al., Respondent. In the Matter of the Estate of DOROTHY K. MENDELSON, Deceased. WILLIAM A. KASS, Respondent, JAMES MENDELSON, Respondent, and JONATHAN MENDELSON, Objectant-Appellant.

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

Decided April 8, 2014.

The court properly found that appellant presented no evidence of undue influence in the making of the will (see Matter of Walther, 6 N.Y.2d 49, 53-54 [1959]). Indeed, it was undisputed that decedent was strong-willed and competent at the time of execution of the will, and that some of the challenged provisions were present in her prior wills.

The court also correctly found that...

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