In re the Estate of Halpern

The majority holds that the deposition testimony of Barbara Sammons does not raise a material issue of fact on the question of whether the will was duly executed. The majority so holds because it concludes that the deposition testimony given by Ms. Sammons that I quote below, “read in context, can also be interpreted as stating that she could not confirm the statements made in the attestation clause because she didn’t remember an event almost 50 years earlier.” Ms. Sammons, however, certainly did not testify merely that she could not remember those circumstances and her testimony certainly…