Legal Opinion

In re the Estate of Bodkin

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

Decided May 8, 2015No. Appeal No. 3Published

1Opinion of the Court

Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered March 28, 2014. The order granted the motion of petitioner for summary judgment dismissing the objections to probate.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Following the death of Robert Bodkin (decedent), petitioner filed a petition to probate decedent’s will dated November 3, 2011. Objectants, a niece and nephew of decedent, filed objections contending, inter alia, that decedent lacked testamentary capacity at the time the will was executed…

2Cases cited15 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  3. In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
  4. In Re the Estate of KumstarNew York Court of Appeals · 1985
  5. Nemia v. NemiaAppellate Division of the Supreme Court of the State of New York · 1986

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