In re Fish

We respectfully dissent. It is the strong public policy of this State not to lightly set aside a decedent’s last will (Rohan, 1986 Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 17B, EPTL 3-1.1 [1988 Pocket Part], at 29). Decedent’s will was duly executed, acknowledged and attested to by two subscribing witnesses. Prior to executing the will, a medical doctor performed a "mental status” examination on decedent. The doctor testified at trial that decedent performed the test satisfactorily. The attorney who drafted the will, who could have knowingly testified as to whether…