In re the Estate of Makitra

*1580Memorandum: On appeal from a decree that rejected his claims that the November 2007 will of decedent was invalid, objectant contends that decedent lacked testamentary capacity when he executed the will. Objectant further contends that petitioner, decedent’s nephew, exercised undue influence on decedent at the time decedent executed his will, and that Surrogate’s Court improperly used the Dead Man’s Statute to preclude objectant from testifying at trial. We affirm.

Decedent made his first will in 2002, naming objectant, his son, as the sole beneficiary of his estate. Some years later, in 2007,…