In re the Estate of Alden

Decree unanimously reversed, without costs, and motion denied. Memorandum: This is an appeal from a decree of Surrogate Court which granted contestant’s motion for summary judgment denying probate of a will of Floyd Alden dated June 28, 1974 for lack of due execution (EPTL 3-2.1). Following a SCPA 1404 hearing, contestant, John Alden, filed objections to the will offered by proponent Miriam Alden and served a motion for summary judgment to deny probate. After substitution of counsel for proponent and upon the return date of the motion to reargue, proponent’s attorney requested a further…