Surrogate John Czygier Jr.
In a contested probate proceeding, petitioners moved for dismissal of objections filed by respondent sister claiming entitlement to judgment. Decedent died at age 91 as a widow and with no children. A propounded instrument was offered for probate and respondent objected asserting undue influence, among other things. The court noted the affidavit of attesting witnesses, combined with their deposition testimony that they spoke with decedent before and during the execution ceremony, indicated she was of sound mind at the time. As such, petitioners established prima facie decedent was of sound mind when she executed the propounded instrument, and respondent failed to raise anything more than speculation. Thus, such objection was dismissed. Yet, the court found there was sufficient proof in the record to preclude dismissal of respondent's objection on the grounds of undue influence. It found the instrument was drafted by an attorney decedent met on the day of execution, no draft was sent for review, and the instrument was based on information provided primarily by petitioners, rather than decedent. The court, therefore, denied dismissal of respondent's objection based on undue influence.
