MATTER OF ESTATE OF CHI-CHUAN WANG

6804, 2550B/03.

162 A.D.3d 447 (2018)

78 N.Y.S.3d 329

2018 NY Slip Op 04090

In the Matter of the Estate of Chi-Chuan Wang, Deceased. Andrew Wang et al., Appellants; Yien Koo Wang King, Respondent.

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

Decided June 7, 2018.


The court properly denied proponents' motion for summary judgment, finding that objectant raised triable issues of fact as to decedent's testamentary capacity when he executed the Codicil and 2003 Will, and as to undue influence and fraud (see Matter of Kumstar, 66 N.Y.2d 691, 692 [1985]; Matter of Eastman, 63 A.D.3d 738, 740 [2d Dept 2009]).

A jury verdict may not be set aside unless...

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