Legal Opinion

Matter of Martin

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

Decided January 19, 2017No. 2815 3596/11Published

1Opinion of the Court

Order, Surrogate’s Court, New York County (Nora S. Anderson, S.), entered November 25, 2015, which granted petitioner’s motion for summary judgment, and admitted for probate decedent’s will dated May 6, 2011, unanimously affirmed, without costs.

It is proponent’s burden, in the first instance, to make a prima facie showing that decedent possessed testamentary capacity, i.e., that she understood the nature and extent of her property, was aware of the natural objects of her bounty, and understood that she was disposing of her property through the will (see Matter of Kumstar, 66 NY2d 691, 692…

2Cases cited5 opinions

  1. In Re the Estate of KumstarNew York Court of Appeals · 1985
  2. Clapp v. . FullertonNew York Court of Appeals · 1866
  3. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  4. In re SchlaegerAppellate Division of the Supreme Court of the State of New York · 2010
  5. In re the Probate of the Will of BrushAppellate Division of the Supreme Court of the State of New York · 1956

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