In re the Estate of Hartman

Motion to dismiss objections which have been filed to the probate of the propounded instrument by a daughter of the decedent, by his prior marriage. As a distributee, disinherited by the terms of the propounded instrument1, objectant has status to file objections to probate herein (SOPA 1410).

The notice of motion neither states the grounds upon which the motion is predicated nor the section of law pursuant to which the motion is made. The court considers this improper motion practice (CPLB 2214). The court, however, will consider this motion, based upon the supporting and opposing affidavits…