indisputable rule in New York

2026"For the petitioner in a contested probate proceeding to demonstrate prima facie entitlement to judgment as a matter of law, the petitioner must present evidence that the will was duly executed, that the decedent possessed testamentary capacity, and that no undue influence was exercised upon the decedent" ( id. at 1403-1404; see Matter of Sabatelli , 161 AD3d 872 , 873-875). "'It is the indisputable rule in a will contest that [t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she [or he] und

2026With regard to testamentary capacity, "[i]t is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and [Surrogate's Court] must look to the following factors: (1) whether [the testator] understood the nature and consequences of executing a will; (2) whether [he] knew the nature and extent of the property [he] was disposing of; and (3) whether [he] knew those who would be considered the natural objects of [his] bounty and [his] relations with them' " ( Matter of Kumstar , 66 NY2d 691, 692 [1985], rearg denied

2022"It is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [the testator] understood the nature and consequences of executing a will; (2) whether [he] knew the nature and extent of the property [he] was disposing of; and (3) whether [he] knew those who would be considered the natural objects of [his] bounty and [his] relations with them' " ( Matter of Kumstar , 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Alibrandi

2013“It is the indisputable rule in a will contest that ‘[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [ ]he understood the nature and consequences of executing a will; (2) whether [ ]he knew the nature and extent of the property [ ]he was disposing of; and (3) whether [ ]he knew those who would be considered the natural objects of h[is] bounty and h[is] relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Castiglione, 40 AD

2013“It is the indisputable rule in a will contest that ‘[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [ ]he understood the nature and consequences of executing a will; (2) whether [ ]he knew the nature and extent of the property [ ]he was disposing of; and (3) whether [ ]he knew those who would be considered the natural objects of h[is] bounty and h[is] relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Castiglione, 40 AD

2013“It is the indisputable rule in a will contest that ‘[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [ ]he understood the nature and consequences of executing a will; (2) whether [ ]he knew the nature and extent of the property [ ]he was disposing of; and (3) whether [ ]he knew those who would be considered the natural objects of h[is] bounty and h[is] relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Castiglione, 40 AD

2013“It is the indisputable rule in a will contest that ‘[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [ ]he understood the nature and consequences of executing a will; (2) whether [ ]he knew the nature and extent of the property [ ]he was disposing of; and (3) whether [ ]he knew those who would be considered the natural objects of h[is] bounty and h[is] relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Castiglione, 40 AD

2013“It is the indisputable rule in a will contest that ‘[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [ ]he understood the nature and consequences of executing a will; (2) whether [ ]he knew the nature and extent of the property [ ]he was disposing of; and (3) whether [ ]he knew those who would be considered the natural objects of h[is] bounty and h[is] relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Castiglione, 40 AD

2013“It is the indisputable rule in a will contest that ‘[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [ ]he understood the nature and consequences of executing a will; (2) whether [ ]he knew the nature and extent of the property [ ]he was disposing of; and (3) whether [ ]he knew those who would be considered the natural objects of h[is] bounty and h[is] relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Castiglione, 40 AD

2013“It is the indisputable rule in a will contest that ‘[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [ ]he understood the nature and consequences of executing a will; (2) whether [ ]he knew the nature and extent of the property [ ]he was disposing of; and (3) whether [ ]he knew those who would be considered the natural objects of h[is] bounty and h[is] relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Castiglione, 40 AD

2026"For the petitioner in a contested probate proceeding to demonstrate prima facie entitlement to judgment as a matter of law, the petitioner must present evidence that the will was duly executed, that the decedent possessed testamentary capacity, and that no undue influence was exercised upon the decedent" ( id. at 1403-1404; see Matter of Sabatelli , 161 AD3d 872 , 873-875). "'It is the indisputable rule in a will contest that [t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she [or he] und

2026"For the petitioner in a contested probate proceeding to demonstrate prima facie entitlement to judgment as a matter of law, the petitioner must present evidence that the will was duly executed, that the decedent possessed testamentary capacity, and that no undue influence was exercised upon the decedent" ( id. at 1403-1404; see Matter of Sabatelli , 161 AD3d 872 , 873-875). "'It is the indisputable rule in a will contest that [t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she [or he] und

2026With regard to testamentary capacity, "[i]t is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and [Surrogate's Court] must look to the following factors: (1) whether [the testator] understood the nature and consequences of executing a will; (2) whether [he] knew the nature and extent of the property [he] was disposing of; and (3) whether [he] knew those who would be considered the natural objects of [his] bounty and [his] relations with them' " ( Matter of Kumstar , 66 NY2d 691, 692 [1985], rearg denied

2022"It is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the [Surrogate] must look to the following factors: (1) whether [the testator] understood the nature and consequences of executing a will; (2) whether [he] knew the nature and extent of the property [he] was disposing of; and (3) whether [he] knew those who would be considered the natural objects of [his] bounty and [his] relations with them' " ( Matter of Kumstar , 66 NY2d 691, 692 [1985], rearg denied 67 NY2d 647 [1986]; see Matter of Alibrandi

1987Turning to the competence issue, “[tit is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she understood the nature and consequences of executing a will; (2) whether she knew the nature and extent of the property she was disposing of; and (3) whether she knew those who would be considered the natural objects of her bounty and her relations with them’ ” (Matter of Kumstar, 66 NY2d 691, 692 , quoting Matter of Slade, 106 AD2d 914, 915 ; see also,

1985It is the indisputable rule in a will contest that "[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she understood the nature and consequences of executing a will; (2) whether she knew the nature and extent of the property she was disposing of; and (3) whether she knew those who would be considered the natural objects of her bounty and her relations with them” (Matter of Slade, 106 AD2d 914, 915 ; see also, Matter of Delmar, 243 NY 7 ).

2021Here, the Surrogate's Court found that "Jeffrey testified, credibly, that he spoke with and visited [the decedent] on various occasions, despite the fact that he lived a considerable distance away." In contrast, the court found that Alice's testimony was "at times very questionable, at other times false or completely inaccurate, rendering [the] court to question Alice's general veracity." Testamentary Capacity "It is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following

2020"It is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and the court must look to the following factors: (1) whether she [or he] understood the nature and consequences of executing a will; (2) whether she [or he] knew the nature and extent of the property she [or he] was disposing of; and (3) whether she [or he] knew those who would be considered the natural objects of her [or his] bounty and her [or his] relations with them'" ( Matter of Kumstar, 66 NY2d 691, 692 , quoting Matter of Slade , 106 AD2d 914,

2026With regard to testamentary capacity, "[i]t is the indisputable rule in a will contest that '[t]he proponent has the burden of proving that the testator possessed testamentary capacity and [Surrogate's Court] must look to the following factors: (1) whether [the testator] understood the nature and consequences of executing a will; (2) whether [he] knew the nature and extent of the property [he] was disposing of; and (3) whether [he] knew those who would be considered the natural objects of [his] bounty and [his] relations with them' " ( Matter of Kumstar , 66 NY2d 691, 692 [1985], rearg denied

2022"Old age and bad health . . . when a will is executed are 'not necessarily inconsistent with testamentary capacity . . . as the appropriate inquiry is whether the decedent was lucid and rational at the time the will was made' " ( Matter of Makitra , 101 AD3d 1579 , 1580 [4th Dept 2012]; see Alibrandi , 104 AD3d at 1175-1176; Matter of Buchanan , 245 AD2d 642, 644 [3d Dept 1997], lv dismissed 91 NY2d 957 [1998]).