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ESTATE OF VINCENT BALLSCHMIEDER, A/K/A VINCENT HENRY BALLSCHMIEDER, JR., Deceased (12/438/A) — In this pending probate proceeding, Vincent Ballschmieder, died almost four years ago on April 18, 2012. His children continue to move forward, although slowly, with their objections to the instrument offered for probate. That instrument is dated April 17, 2012, the day before the testator’s death.

More than two years ago, partial summary judgment was granted, leaving only the objections relating to due execution and undue influence. Discovery then continued and on September 29, 2015, Charles J. Ballschmieder, decedent’s brother and proponent of the Will, renewed his motion for summary judgment. Subsequently, filed with the Court was an Affirmation in Opposition to the motion and a Reply Affirmation in support of the motion. Counsel, however, asked the Court to afford them time to continue their efforts to settle this matter and not render its decision for thirty (30) days. The court now has received a letter from counsel dated March 7, 2016, indicating that the matter could not settle and requesting a decision on the motion.

 
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