In re the Estate of Hutchinson

Cross appeals from, an order of the Surrogate’s Court of Sullivan County (Ledina, S.), entered February 27, 2004, which, inter alia, denied the cross motion of respondent Herbert E. Nass for summary judgment dismissing the probate petition.

Surrogate’s Court found factual issues for trial as to whether decedent’s purported will, which was allegedly signed in a Manhattan café in front of decedent’s long-time companion and an acquaintance, was duly executed. Decedent was an Australian citizen who had resided in New York since the mid-1980s and died in Sullivan County on April 23, 1999. The…