| Matter of Malan |
| 2008 NY Slip Op 08493 [56 AD3d 479] |
| November 5, 2008 |
| Appellate Division, Second Department |
| In the Matter of the Estate of Roy Mark Malan, Also Known asRenato Marco Malan, Deceased. Marion Malan, Respondent; Isabella Soma,Appellant. |
—[*1] Katten Muchin Rosenman, LLP, New York, N.Y. (Neil V. Carbone of counsel), forrespondent.
In a contested probate proceeding, the objectant Isabella Soma appeals from an order anddecree (one paper) of the Surrogate's Court, Westchester County (Scarpino, S.), dated July 13,2007, which granted the petitioner's motion for summary judgment dismissing her objections toprobate and admitted the will to probate.
Ordered that the order and decree is affirmed, with costs payable by the appellant personally.
On her motion for summary judgment, the petitioner established that the subject will wasduly executed pursuant to EPTL 3-2.1. The attestation clause and self-proving affidavit give riseto a presumption of compliance with all statutory provisions (see Matter of Collins, 60NY2d 466, 471 [1983]; Matter ofMoskoff, 41 AD3d 481 [2007]). Moreover, although one of the two attesting witnesseswho were deposed did not recall the execution ceremony, both identified their signatures on thewill and affidavit of execution (see Matter of Rosen, 291 AD2d 562 [2002]). Inopposition, Isabella Soma, the objectant to the will, failed to raise a triable issue of fact.
The petitioner also established that the decedent was competent at the time the will wasexecuted [*2]by showing that he understood the nature andconsequences of making a will, the nature and extent of his property, and the natural objects ofhis bounty (see Matter of Kumstar, 66 NY2d 691 [1985]; Matter of Tuccio, 38 AD3d 791[2007]; Matter of DiCorcia, 35AD3d 463 [2006]; Matter ofWeltz, 16 AD3d 428 [2005]; Matter of Rosen, 291 AD2d 562 [2002]). Inopposition, the objectant failed to raise a triable issue of fact as to the decedent's lack oftestamentary capacity.
The objectant's remaining contentions are without merit. Florio, J.P., Angiolillo, McCarthyand Chambers, JJ., concur.