Legal Opinion

In re the Estate of Wagner

Appellate Division of the Supreme Court of the State of New York

Decided October 3, 1996Published

1Opinion of the Court

—Decree, Surrogate’s Court, New York County (Renee Roth, S.), entered September 5, 1995, dismissing the objections and admitting the subject will to probate, unanimously affirmed, without costs.

The proponents made out a prima facie case for probate through the testimony of the two attesting witnesses, both attorneys, as to all the required formalities of execution (Matter of Tully, 227 AD2d 288). Objectant’s conclusory allegations, unsupported by any proof notwithstanding extensive discovery, were insufficient to raise a triable issue of fact with regard to due execution, testamentary…

2Cases cited2 opinions

  1. Cordovi v. KarnbadAppellate Division of the Supreme Court of the State of New York · 1995
  2. In re the Estate of TullyAppellate Division of the Supreme Court of the State of New York · 1996

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