In re the Estate of Betz

Appeal from an order of the Surrogate’s Court of Ulster County, entered July 11, 1977, which denied proponent’s motion for summary judgment. Objections to the probate of decedent’s last will and testament were duly filed alleging (1) lack of testamentary capacity both at the time she made the will and later when she re-executed and republished that instrument, and (2) fraud and undue influence practiced upon decedent by named and unnamed individuals. Proponent moved for summary judgment, including in his motion papers the transcript of the examination of a subscribing witness and the…