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Matter of Feinberg

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 376 (N.Y. App. Div. 1989)

Opinion

May 1, 1989

Appeal from the Surrogate's Court, Kings County.

Appeal from the Surrogate's Court, Kings County (Bloom, S.).


Ordered that the decree is affirmed, with costs payable by the appellants personally.

The determination of the Surrogate, who presided at the trial and heard all of the testimony, is entitled to great weight. Unless shown to be clearly erroneous, it should not be set aside on appeal (see, Matter of Thorne, 108 A.D.2d 865; Matter of Poggemeyer, 87 A.D.2d 822).

We find that the conclusions of the Surrogate are fully supported by the record. The proponents clearly sustained their burden of proving the testamentary capacity of the testator (see, Matter of Kumstar, 66 N.Y.2d 691). Mollen, P.J., Kunzeman, Spatt and Rosenblatt, JJ., concur.


Summaries of

Matter of Feinberg

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 376 (N.Y. App. Div. 1989)
Case details for

Matter of Feinberg

Case Details

Full title:In the Matter of BERNARD M. FEINBERG, Deceased. DONALD KAUFMAN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1989

Citations

150 A.D.2d 376 (N.Y. App. Div. 1989)

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