Surrogate Nelida Malave-Gonzalez
In this contested probate proceeding, proponent, decedent's daughter, moved for summary judgment dismissing the objections filed by her two sisters and brother. Objectants alleged the propounded instrument offered for probate was a forgery that decedent did not execute. The sole asset of the estate was a share of the net settlement proceeds arising from a wrongful death action relating to decedent's predeceased spouse. Under the propounded instrument, proponent received decedent's share of the proceeds, and was the sole residuary beneficiary. Objectants alleged there was a prior instrument, and asserted there were issues of fact precluding summary judgment as the propounded instrument was a forgery. The court noted there was conflicting testimony if the propounded instrument was executed by decedent on June 6, 2010 in New Jersey. It stated while an attestation clause would create a prima facie case of due execution, objectants have rebutted this presumption by the affidavits of the grandson and a friend which alleged decedent was in the Bronx at the time of execution. Accordingly, as the court found an issue of fact was raised, it denied proponent's motion for summary judgment.
