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ESTATE OF ARMAND J. TESTA, A/K/A ARMAND D. TESTA, Deceased

ESTATE OF ARMAND J. TESTA, A/K/A ARMAND D. TESTA, Deceased. (11/363722/A) — In this contested probate proceeding, the petitioner, Rosa Bud Williams, the nominated successor executor, moves for an order pursuant to CPLR 3212 granting summary judgment admitting the proffered instrument dated November 19, 2010 to probate and dismissing the objections filed by Constance Testa, a first cousin.

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ESTATE OF ARMAND J. TESTA, A/K/A ARMAND D. TESTA, Deceased. (11/363722/A) — In this contested probate proceeding, the petitioner, Rosa Bud Williams, the nominated successor executor, moves for an order pursuant to CPLR 3212 granting summary judgment admitting the proffered instrument dated November 19, 2010 to probate and dismissing the objections filed by Constance Testa, a first cousin.

The underlying facts regarding decedent, his demise, the proffered will, etc. are recited in this court’s decision and order dated April 12, 2013 denying the then petitioner’s motion for an order pursuant to SCPA 1410 granting dismissal of claimed untimely objections filed by Constance Testa and admitting the proffered instrument to probate. As set forth in the moving papers the original petitioner, a legatee and nominated executor under the will, Robert M. DePoto, Esq., died during the pendency of the motion above referenced and thereafter a second petition for probate was filed with the successor nominated executor as petitioner. Constance Testa again filed objections to the probate of the will alleging that: (1) it was not duly executed as required by law; (2) it was not freely or voluntarily made or executed by the decedent, but was procured by fraud or undue influence; and (3) decedent lacked testamentary capacity.

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