In re the Estate of Tabaczynski

Decree unanimously affirmed without costs. Memorandum: Valerie Tabaczynski died on April 30, 1992, survived by proponent, her niece, and contestant, her nephew. Her will, executed May 24, 1991, leaves $3,000 to contestant, $3,000 to a relative of decedent’s late *966husband and the remainder of the estate to proponent. Proponent, as executrix, petitioned for admission of the will to probate, and contestant filed objections.

The Surrogate properly granted the petition. The proof establishes that decedent, despite her age and ill health, was "of sound mind and memory” at the time the will was…