In re the Estate of Fairbairn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Surrogate’s Court of Delaware County (Becker, S.), entered September 11, 2003, which granted petitioner’s motion for summary judgment dismissing the objections to decedent’s will and admitted the will to probate.
Respondent, one of decedent’s two children, asserts, among other things, that there are factual issues as to whether decedent possessed testamentary capacity when he executed his 1997 will and whether decedent’s will was the result of undue *580influence or fraud exerted by petitioner. Following the death of decedent’s first wife, he and petitioner entered into…
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