- Bookmark
- Share
- CaseIQ
MATTER OF FEINBERG
Appellate Division of the Supreme Court of New York, Second Department.
May 1, 1989
Ordered that the decree is affirmed, with costs payable by the appellants personally.
The determination of the Surrogate, who presided at the trial and heard all of the testimony, is entitled to great weight. Unless shown to be clearly erroneous, it should not be set aside on appeal (see, Matter of Thorne, 108 A.D.2d 865; Matter of Poggemeyer, 87 A.D.2d 822).
We find that the conclusions of the Surrogate are fully supported by the record. The proponents clearly sustained their burden of proving the testamentary capacity of the testator (see, Matter of Kumstar, 66 N.Y.2d 691). Mollen, P.J., Kunzeman, Spatt and Rosenblatt, JJ., concur.
x
Alert
Please log in or sign up for a free trial to access this feature.