Fourth Department – Will probate: Matter of Estate of Kathryn W. Buck

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Will probate

Testamentary capacity

Matter of Estate of Kathryn W. Buck

CA 23-00285

Appealed from Surrogate’s Court

Background: The petitioner, as the temporary administrator of the decedent’s estate, commenced an action seeking discovery and return of assets allegedly belonging to the decedent’s estate. On appeal, it is argued that the court erred in denying the petition to admit the decedent’s will to probate.

Ruling: The Appellate Division held that the Surrogate erred in denying the petition noting that the testimony of the decedent’s attorney, the paralegal who prepared the will and witnessed its execution, and the decedent’s caretaker, established that the decedent possessed testamentary capacity at the time she executed her will. She was of normal demeanor, was good with questions, and was able to confirm what her intentions were at the time of the will’s execution.

Craig R. Bucki, of Phillips Lytle, for the interested parties-appellants and petitioner-appellant; F. Paul Steates, of Steates Remmell Steates & Dziekan, for the estate of Kathryn W. Buck; Kevin G. Martin for the interested parties-respondents.

Oral argument video