In re the Estate of Kaplan

Frank Kaplan died on February 23, 1974, survived by 4 nephews, 10 nieces and 1 grandniece. In a purported will, dated July 17, 1972, he left his entire estate in equal shares to a nephew and niece, the appellants herein, naming the nephew as his executor. When this instrument was offered for probate, objections were duly filed by other distributees and a jury trial was directed by the Surrogate on framed issues which resulted in a verdict finding that decedent lacked testamentary capacity when he executed this purported last will and testament.

Decedent was employed and resided at the Will…