MATTER OF DERRING

1136 CA 21-00546.

202 A.D.3d 1500 (2022)

158 N.Y.S.3d 732

2022 NY Slip Op 00794

In the Matter of the Estate of Lewis Derring, Deceased. George H. Hundley, Respondent; Louis J. Colella, Appellant.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

LOUIS J. COLELLA, DANSVILLE, RESPONDENT-APPELLANT PRO SE.

KIRWAN LAW FIRM, P.C., SYRACUSE ( ROBERT A. FEINBERG OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Smith, J.P., Peradotto, Carni and Bannister, JJ.


It is hereby ordered that the decree so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated at Surrogate's Court in the bench decision during the trial and by the Surrogate in his decree. We write only to note that, regardless of any inconsistent statements in the decree, the Surrogate concluded, as stated in the bench decision at trial, that petitioner met his burden of establishing due execution and testamentary capacity...

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