ESTATE OF BERNICE BELLASALMO, Deceased

ESTATE OF BERNICE BELLASALMO, Deceased (15/4699) — The decedent, Bernice Bellasalmo, died on October 31, 2015 at the age of ninety-five years, leaving two daughters, Theresa Knuth ("Knuth") and Madeline Ayers ("Ayers") as her distributees. Offered for probate in this proceeding is an attorney drafted instrument dated August 16, 2007, purported by the Petitioner, Sandra Viola, the decedent's niece-in-law and nominated fiduciary, to be the Last Will and Testament of the decedent. The offered instrument provides for the decedent's entire estate to be distributed equally between the Petitioner and her husband, Robert Viola, a nephew-in-law of the decedent. With respect to the decedent's daughters, Article Second of the offered instrument states as follows: "I do not leave anything to my two children, Madeline Ayers and Theresa Knuth. I have provided for them to a great extent during my life."

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ESTATE OF BERNICE BELLASALMO, Deceased (15/4699) — The decedent, Bernice Bellasalmo, died on October 31, 2015 at the age of ninety-five years, leaving two daughters, Theresa Knuth (“Knuth”) and Madeline Ayers (“Ayers”) as her distributees. Offered for probate in this proceeding is an attorney drafted instrument dated August 16, 2007, purported by the Petitioner, Sandra Viola, the decedent’s niece-in-law and nominated fiduciary, to be the Last Will and Testament of the decedent. The offered instrument provides for the decedent’s entire estate to be distributed equally between the Petitioner and her husband, Robert Viola, a nephew-in-law of the decedent. With respect to the decedent’s daughters, Article Second of the offered instrument states as follows: “I do not leave anything to my two children, Madeline Ayers and Theresa Knuth. I have provided for them to a great extent during my life.”

Prior to conducting examinations pursuant to section 1404 of the Surrogate’s Court Procedure Act (“SCPA”), both Knuth and Ayers, through their attorneys, filed Objections to the validity of the offered instrument in this Court. The Objections allege that the offered instrument is invalid on the grounds that it was not duly executed; the decedent lacked testamentary capacity; the instrument was the product of a mistake; and the instrument was procured by fraud, duress, and undue influence. The Petitioner now moves for summary judgment admitting the instrument to probate and dismissing the Objections. Counsel for Objectant, Knuth¹ has filed a Cross-Motion seeking to compel discovery and further contending that triable issues of fact exist as to each and every objection, rendering summary judgment inappropriate.

ESTATE OF BERNICE BELLASALMO, Deceased

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