AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

IN THE MATTER OF FAY LIBBY WEINBERG, DECEASED. ANN BALASIANO, appellant; SPENCER WEINBERG, ET AL., respondents.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs payable by the objectants personally, the renewed motion is granted, the objections are dismissed, and the will is admitted to probate.

"Where, as here, the attorney-draftsman supervised the will's execution, there is a presumption of regularity that the will was properly executed in all respects" ( Matter of Finocchio, 270 A.D.2d 418; see Matter of Ziele, 242 A.D.2d 576). Here, the petitioner met her prima facie burden in establishing that the will was properly executed in accordance with the formal requirements of EPTL 3-2.1.

Further, the objectants failed to raise a triable issue of fact since they failed to present any evidence to support their claims of lack of proper execution, lack of testamentary capacity, undue influence, and fraud ( see Matter of Walther, 6 N.Y.2d 49; Matter of Rosen, 291 A.D.2d 562; Matter of Evanchuk, 145 A.D.2d 559). As such, the Surrogate's Court should have granted the renewed motion, dismissed the objections, and admitted the will to probate ( see Matter of Herman, 289 A.D.2d 239).

The petitioner's remaining contention is without merit.

SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF WEINBERG
(Nov 17, 2003)