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ESTATE OF ALVIN RODERICK LEWIS Deceased (2007-3126) — Anne Evangeline Friday (Friday), decedent’s niece, and Sean Cadell (Cadell), decedent’s grandson, filed a petition dated December 1, 2009, seeking to have admitted to probate the copy of an instrument dated November 19, 2004 (the 2004 will), which purports to be the last will and testament of Alvin Roderick Lewis. Selwyn Lewis (Selwyn), decedent’s son, filed objections dated June 1, 2011, to the petition alleging lack of due execution, lack of testamentary capacity, undue influence, and fraud. Decedent’s other son, Clinton Lewis (Clinton), neither appeared nor filed objections. Friday and Cadell1 move for summary judgment dismissing Selwyn’s objections and admitting the decedent’s will to probate. Selwyn cross-moves for summary judgement on his objections.

In support of the motion, petitioners submit, inter alia, (i) Friday’s affidavit dated February 9, 2012, (ii) James I. Williams’s affirmation dated March 19, 2012, (iii) James I. Williams’s affidavit dated March 7, 2012, (iv) affidavit of Dustin J. Dente, (v) copy of decedent’s will, (vi) copy of the receipt of Dustin J. Dente acknowledging possession of original documents related to decedent’s estate, (vii) copies of a power of attorney and health care proxy executed by decedent selecting Friday as agent, (vii) transcript of the examination before trial of Carolina Silva.

 
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