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Estate of LYDIA VOGES, Deceased.

In the Matter of the Estate of LYDIA VOGES, Deceased., File No. 2013-375628 — In this contested probate proceeding, the petitioner moves for an order granting summary judgment dismissing the objections and admitting the will to probate; the motion is opposed.

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In the Matter of the Estate of LYDIA VOGES, Deceased., File No. 2013-375628 — In this contested probate proceeding, the petitioner moves for an order granting summary judgment dismissing the objections and admitting the will to probate; the motion is opposed.

The decedent Lydia Voges died on June 3, 2013 at the age of 93 survived by four nieces and two nephews as her only distributees. They are: Robins Shields, the petitioner; Richard Shields; and Lydia Shields, all issue of the decedent’s predeceased sister Gladys; Lydia Morton, daughter of decedent’s predeceased brother Gordon; and Ingrid and Lyndsay, daughters of decedent’s predeceased brother Derek. The decedent was predeceased by her husband, Fred Voges. The objectants are Robert Voges, Fred’s son from a prior marriage, and Randall Voges, son of Robert Voges. Although they are not distributees, they are named as beneficiaries in a prior will on file in the court and therefore are necessary parties with standing to object (SCPA 1403[1][d], 1410). The objectants allege that the testator did not have testamentary capacity on the date the will was executed and that its execution was procured as the result of fraud, duress or undue influence on the part of Richard Shields and/or other persons.

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