You are here: / / Summary Judgment Admitting Will to Probate Appropriate Where Objections...

Summary Judgment Admitting Will to Probate Appropriate Where Objections to the Will (“Testamentary Capacity” and “Undue Influence”) Not Supported

The Third Department determined summary judgment admitting the will to probate was appropriately granted where the “testamentary capacity” and “undue influence” objections were not supported by evidence:

“Whether to dismiss a party’s objections and admit the challenged will to probate is a matter committed to the sound discretion of Surrogate’s Court and, absent an abuse of that discretion, the court’s decision will not be disturbed” … . While rare, summary judgment in a contested probate proceeding is appropriate where a petitioner establishes a prima facie case for probate and the objectant does not raise any factual issues regarding testamentary capacity, execution of the will, undue influence or fraud … . Upon our review of the record, we find that respondent has raised no such issues and we, therefore, conclude that Surrogate’s Court properly awarded summary judgment to petitioner.

As to testamentary capacity, petitioner bore the initial burden of establishing that decedent understood the nature and consequences of making the will, the nature and extent of her property, and the natural objects of her bounty … . Notably, it was only necessary to demonstrate that decedent had “a general, rather than a precise, knowledge of the assets in . . . her estate” … .  * * *

…[T]he fact that a decedent was subject to undue influence is established when he or she “‘was actually constrained to act against [his or her] own free will and desire by identifying the motive, opportunity and acts allegedly constituting the influence, as well as when and where such acts occurred'” … . Here, notwithstanding the confidential relationship between decedent and petitioner …, the record is bereft of any direct or circumstantial evidence indicating that petitioner exercised undue influence over decedent … . “On the contrary, [the evidence] indicate[s] that the will was the product of the free and unfettered act of [decedent]” … . Matter of Vosilla, 2014 NY Slip Op 07417, 3rd Dept 10-30-14

 

You might also like
Criteria for Common Law or Implied Indemnification Explained
The Third Dept Upheld the Statutory Amendment Cutting Off Reimbursement of Medicaid Overburden Expenses Incurred Prior to 2006—However the Court Imposed a Six-Month Grace Period Before the Amendment Kicks In [The Fourth Dept Dealt with the Same Question in a Decision Dated 11-14-14—Although the Fourth Dept Also Upheld the Amendment, It Did Not Impose a Grace Period and Did Not Use the Same Reasoning]
Property Purchased by Husband Upon Which a “Shell” of a House Was Constructed Prior to Marriage Should Not Have Been Deemed Marital Property/Husband’s Failure to Affirmatively Prove What Portion of His Savings Account Was Separate Property Justified Dividing It Equally/Wife’s Failure to Prove How She Contributed to the Appreciation of the Marital Residence Precluded the Award of Any Appreciation in Value to Her
MUSIC TEACHERS ARE EMPLOYEES, NOT INDEPENDENT CONTRACTORS.
New Factual Claim Made for the First Time at Trial by Defendant Triggered “Inconsistent Statements” Jury Charge; Prior Injuries to Child Admissible under Molineux
CONTRACTOR OWED A DUTY OF CARE TO PLAINTIFF OVER AND ABOVE THE OBLIGATIONS IN THE CONTRACT BETWEEN THEM.
PROVISION OF THE EDUCATION LAW WHICH ALLOWS THE APPOINTMENT OF A RECEIVER TO TAKE OVER ALLEGEDLY FAILING SCHOOLS DOES NOT VIOLATE THE CONTRACT CLAUSE OF THE US CONSTITUTION (THIRD DEPT).
BASED UPON EXECUTIVE LAW 63 AND TWO EXECUTIVE ORDERS ISSUED BY GOVERNOR CUOMO, THE ATTORNEY GENERAL HAS THE AUTHORITY TO INVESTIGATE AND CHARGE PERJURY ALLEGEDLY COMMITTED BY A DISTRICT ATTORNEY BEFORE A GRAND JURY CONVENED BY THE ATTORNEY GENERAL TO INVESTIGATE THE POLICE SHOOTING OF AN UNARMED CIVILIAN (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

City Was “United in Interest” with Non-Profit Corporation Which... Encroaching Structure Built to Prevent Excavation-Related Damage to Adjoining...