In re the Estate of Tabaczynski

Appellate Division of the Supreme Court of New York

In re the Estate of Tabaczynski

217 A.D.2d 965, 629 N.Y.S.2d 904, 1995 N.Y. App. Div. LEXIS 8396

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 14, 1995

StatusPublished

Cited by1 cases

This text of 217 A.D.2d 965 (In re the Estate of Tabaczynski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Estate of Tabaczynski, 217 A.D.2d 965, 629 N.Y.S.2d 904, 1995 N.Y. App. Div. LEXIS 8396 (N.Y. Ct. App. 1995).

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Opinion

Decree unanimously affirmed without costs. Memorandum: Valerie Tabaczynski died on April 30, 1992, survived by proponent, her niece, and contestant, her nephew. Her will, executed May 24, 1991, leaves $3,000 to contestant, $3,000 to a relative of decedent’s late [966]*966husband and the remainder of the estate to proponent. Proponent, as executrix, petitioned for admission of the will to probate, and contestant filed objections.

The Surrogate properly granted the petition. The proof establishes that decedent, despite her age and ill health, was "of sound mind and memory” at the time the will was executed (EPTL 3-1.1; see, Matter of O’Brien, 182 AD2d 1135). The record also supports the Surrogate’s determination that the will was not the product of undue influence. "The circumstances surrounding the drafting and execution of this document fall far short of a showing that undue influence was exercised. On the contrary, they indicate that the will was the product of the free and unfettered act of the testatrix” (Matter of Walther, 6 NY2d 49, 54). (Appeal from Decree of Erie County Surrogate’s Court, Mattina, S.—Probate Will.) Present—Den-man, P. J., Green, Pine, Callahan and Davis, JJ.

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Decree unanimously affirmed without costs. Memorandum: Valerie Tabaczynski died on April 30, 1992, survived by proponent, her niece, and contestant, her nephew. Her will, executed May 24, 1991, leaves $3,000 to contestant, $3,000 to a relative of decedent’s late [966]*966husband and the remainder of the estate to proponent. Proponent, as executrix, petitioned for admission of the will to probate, and contestant filed objections.

The Surrogate properly granted the petition. The proof establishes that decedent, despite her age and ill health, was "of sound mind and memory” at the time the will was executed (EPTL 3-1.1; see, Matter of O’Brien, 182 AD2d 1135). The record also supports the Surrogate’s determination that the will was not the product of undue influence. "The circumstances surrounding the drafting and execution of this document fall far short of a showing that undue influence was exercised. On the contrary, they indicate that the will was the product of the free and unfettered act of the testatrix” (Matter of Walther, 6 NY2d 49, 54). (Appeal from Decree of Erie County Surrogate’s Court, Mattina, S.—Probate Will.) Present—Den-man, P. J., Green, Pine, Callahan and Davis, JJ.

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217 A.D.2d 965, 629 N.Y.S.2d 904, 1995 N.Y. App. Div. LEXIS 8396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-tabaczynski-nyappdiv-1995.

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