MATTER OF MARTIN

2815, 3596/11.

146 A.D.3d 619 (2017)

2017 NY Slip Op 00415

44 N.Y.S.3d 750

In the Matter of EMILIE MARTIN, Also Known as EMILIE BROD, Deceased. KEVIN PEI, Respondent; CLAUDIA DIFABRIZIO et al., Appellants.

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

Decided January 19, 2017.


It is proponent's burden, in the first instance, to make a prima facie showing that decedent possessed testamentary capacity, i.e., that she understood the nature and extent of her property, was aware of the natural objects of her bounty, and understood that she was disposing of her property through the will (see Matter of Kumstar, 66 N.Y.2d 691, 692 [1985]).

Petitioner met this burden with the self-proving affidavits of...

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