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In the Matter of the Estate of EUGENE STEINHARDT, Deceased. YAAKOV GERMAN, Appellant; SANFORD MALTER, Respondent.

Ordered that the decree is affirmed insofar as appealed from, with costs payable by the estate.

The Surrogate's Court did not err in admitting evidence of certain events which occurred after the execution of the purported will. This evidence was relevant in determining whether the petitioner had exerted undue influence upon the testator and had a bearing upon the testator's testamentary capacity at the time of the execution of the purported will ( see, Matter of Putnam, 257 N.Y. 140; Matter of McCarthy, 269 App. Div. 145, affd 296 N.Y. 987; Matter of Norminton, 261 App. Div. 1105). Rosenblatt, J.P., Ritter, Copertino and Santucci, JJ., concur.

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MATTER OF STEINHARDT
(Jun 24, 1996)