In re the Estate of Handelmann

Bertram R. Geleand, S.

In this contested probate proceeding after trial before the court and a jury, a verdict was rendered by the jury finding that at the time of execution of the propounded instrument the decedent lacked testamentary capacity and that the execution of the instrument was caused or procured by undue influence and fraud. The evidence adduced attributed the undue influence and fraud solely to proponent. The court adopted the verdict of the jury on these *315issues. The contestant has exercised his option to seek costs pursuant to SCPA 2302 upon the entry of the decree. Proponent…