Opinion
April 6, 1993
Appeal from the Surrogate's Court, New York County (Eve Preminger, S.).
The proponents of the will met their burden, through the testimony of the subscribing witnesses, of establishing a prima facie case of testamentary capacity (see, Matter of Kumstar, 66 N.Y.2d 691, 692), thus shifting the burden to the objectant to disprove testamentary capacity (see, Matter of Kaplan, 50 A.D.2d 429, 431, affd 41 N.Y.2d 870; Matter of Whalen, 87 A.D.2d 733, 734). Here, the objectant did not offer sufficient affirmative proof of a lack of testamentary capacity. Accordingly, the will was properly admitted to probate.
We have considered the objectant's remaining arguments and find them to be without merit.
Concur — Murphy, P.J., Milonas, Rosenberger and Wallach, JJ.