Surrogate Margarita Lopez Torres
In a contested probate action, proponent moved for summary judgment dismissing objections to the proffered will. Objectants cross-moved for summary judgment dismissing the petition for probate. Decedent was survived by eight children, six of whom were objectants. The proffered will left various bequests to different people, and objectants filed objections to probate alleging lack of due execution, among other things. The court noted where an attorney supervised the execution of a will, there was a presumption of regularity and proper execution. Objectants argued the testimony of the attorney-drafter and attesting witnesses was insufficient to support due execution relying on testimony that decedent was seen signing documents but did not know what they were, and decedent never stated the document being signed and witnessed was his will. The court found transcripts revealed objectants "selectively abstracted testimony" supporting their position, finding objectants' attempt to discredit the attorney's testimony was tailored to the requirements of Estates Powers and Trusts Law §3-2.1. It found discrepancies in the testimony of witnesses in a probate suit was insufficient to reject their testimony, dismissing objectants' allegation of lack of due execution.
