In re the Estate Thorne
Cases that cite this one
5 later published cases cite this decision.
- MAKITRA, WILLIAM T., MTR. OF (Appellate Division of the Supreme Court of New York 2012)
- In re the Estate of Makitra (Appellate Division of the Supreme Court of New York 2012)
- In re the Estate of Makitra (Appellate Division of the Supreme Court of New York 2012)
- In re Feinberg (Appellate Division of the Supreme Court of New York 1989)
- In re Feinberg (Appellate Division of the Supreme Court of New York 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a contested probate proceeding, the objectant appeals from a decree of the Surrogate’s Court, Kings County (Bloom, S.), dated August 11, 1983, which, after a nonjury trial, admitted the decedent’s will to probate.
Decree affirmed, with costs payable personally by appellant.
The determination of this case hinged on the credibility of the witnesses, and the findings of the Surrogate, who presided at the trial and heard all of the testimony, are entitled to great weight (Matter of Anonymous, 81 AD2d 865, 866; Matter of Gloria S. v Richard B., 80 AD2d 72, 76).
We decline to disturb the findings of the Surrogate, that the testator had sufficient testamentary capacity on the date of the execution of the will, that the will was validly executed, and that it was not procured by undue influence. Mangano, J. P., Weinstein, Brown and Niehoff, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.