Legal Opinion

In re the Estate of Leach

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2004PublishedCited by 27 opinions

1Opinion of the CourtMugglin, J.

Appeal from an order of the Surrogate’s Court of Chenango County (Sullivan, S.), entered March 28, 2003, which, inter alia, admitted to probate an instrument purporting to be the last will and testament of decedent.

Respondent, decedent’s brother, asserts on appeal that Surrogate’s Court erred in granting summary judgment admitting decedent’s will to probate because issues of fact exist concerning lack of due execution of the will and decedent’s lack of testamentary capacity.* Respondent further asserts that the court prematurely granted summary judgment without affording an opportunity to…

2Cases cited14 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. In Re the Estate of KumstarNew York Court of Appeals · 1985
  3. In re the Estate of CollinsNew York Court of Appeals · 1983
  4. Gibeault v. Home Insurance CompanyAppellate Division of the Supreme Court of the State of New York · 1995
  5. In re ClapperAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by27 opinions

  1. In re the Estate of ScacciaAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Estate of PaigoAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re the Estate of NofalAppellate Division of the Supreme Court of the State of New York · 2006
  4. Center Square Ass'n v. City of Albany Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2004
  5. In re Estate of RuparshekAppellate Division of the Supreme Court of the State of New York · 2007

22 more not listed; retrieve them via the Exa API.

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