In re the Estate of Scalone

In a contested probate proceeding, the contestant appeals from a decree of the Surrogate’s Court, Suffolk County (Signorelli, S.), dated August 23, 1988, which, following the granting of the petitioner’s motion for judgment as a matter of law, made after both sides had rested, ordered that the will be admitted to probate.

Ordered that the decree is affirmed, with costs payable by the appellant personally.

Upon our review of the extensive record herein, we find no basis to set aside the determination of the Surrogate. The record establishes that the testatrix, while despondent over the death of…