In Re the Estate of Kumstar

New York Court of Appeals · Decided 1985-10-15

Cited by 149 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Memorandum. The order of the Appellate Division should be reversed and the matter remitted to Surrogate’s Court for entry of a decree granting the petition for probate. It is the indisputable rule in a will contest that "[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court…

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