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Matter of Cirnigliaro

Fact Issues of Decedent's Testamentary Capacity at Time Will Execute Bars Summary Judgment

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Papers Considered:1) Notice of Motion dated April 13, 2017; Affirmation of Robert H. Harper, Esq. dated April 13, 2017 with annexed exhibits A-CC; Objectants’ Memorandum of Law dated April 13, 2017;2) Petitioner’s Memorandum of Law dated July 13 2017;3) Reply Affirmation of Robert M. Harper, Esq. dated August 17, 2017 with annexed exhibits 1-6; Memorandum of Law dated August 17, 2017.

*1 The decedent, Rosario Cirnigliaro, died testate a resident of Sullivan County on January 1, 2016. In a Will dated September 4, 2013, the petitioner bequeathed the sum of $10,000.00 to his son Peter Cirni. Petitioner devised his entire residuary estate to his long time companion of fifty years to Joan H. June. The decedent designated Joan H. June as his Executrix. On January 26, 2016, Joan H. June filed an application for letters testamentary and an application for preliminary letters testamentary. On January 28, 2016 the Surrogate Court issued an Order granting preliminary letters with limitations to Joan H. June. On April 22, 2016, the Surrogate Court issued Citation to Peter Cirni, decedent’s son and to Brigett Martell*2

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