Legal Opinion
In Re the Estate of Kumstar
New York Court of Appeals
Decided October 15, 1985PublishedCited by 138 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and the matter remitted to Surrogate’s Court for entry of a decree granting the petition for probate.
It is the indisputable rule in a will contest that "[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she understood the nature and consequences of executing a will; (2) whether she knew the nature and extent of the property she was disposing of; and (3) whether she knew those who would be considered the…
2Cases cited4 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- In re the Estate of SladeAppellate Division of the Supreme Court of the State of New York · 1984
- In Re Proving the Will of DelmarNew York Court of Appeals · 1926
3Cited by138 opinions
- Guardian Life Insurance v. GilmoreDistrict Court, S.D. New York · 2014
- In re the Estate of WalkerAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Estate of LeachAppellate Division of the Supreme Court of the State of New York · 2004
- In re ClapperAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of PaigoAppellate Division of the Supreme Court of the State of New York · 2008
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