MATTER OF NATALE

5816. 4202/14.

158 A.D.3d 579 (2018)

71 N.Y.S.3d 458

2018 NY Slip Op 01272

In the Matter of DOMENICK E. NATALE, Deceased. CHRISTINE BRICKER, Respondent, v. CYNTHIA HAZELL et al., Appellants.

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

Decided February 22, 2018.


On its face, the propounded document satisfies the requirements of EPTL 3-2.1 (a). In addition, "a full attestation clause regularly authenticated ... is entitled to great weight" (Matter of Cottrell, 95 N.Y. 329, 335 [1884]), and a self-proving affidavit raises a presumption of "due execution" (Matter of Schlaeger, 74 A.D.3d 405, 407 [1st Dept 2010]).

Objectants rely on the fact that the sole surviving attesting witness...

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