In re the Estate of Basile

Pierson R. Hildreth, S.

This is a motion by proponent to dismiss objections to probate on the ground that objectant does not have a pecuniary interest in the estate. The contention is that objectant would receive more under the will than in intestacy hence is not entitled to file objections to probate.

If such motion is denied, proponent requests alternative relief in the form of a motion for summary judgment dismissing objections First and Second which allege lack of proper execution and lack of testamentary capacity, thereby leaving for trial only the issue of fraud and undue influence.

The…