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Estate of Geraghty

Court Satisfied Will Valid, No Undue Influence Exerted Over Decedent by Petitioner

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In this contested probate proceeding, Petitioner, Milton P. Polhemus, seeks to probate the purported Last Will and Testament of Elizabeth C. Geraghty, dated March 20, 2016 (hereinafter “the 2016 Will”). Objectants, Kathleen Yakich a/k/a Mary Yakich and Edward Yakich, oppose probate of the 2016 Will on the grounds that: (1) the 2016 Will was not duly executed, (2) that the decedent lacked the testamentary capacity to execute the 2016 Will, and (3) that the decedent was fraudulently induced into executing the 2016 Will.1 Petitioner now moves for summary judgment. The Court has considered the following papers:1. Notice of Motion for Summary Judgment, Affirmation in Support and Exhibits A through G attached thereto, and Memorandum of Law;2. Affirmation in Opposition and Exhibits A through H attached thereto, and Memorandum of Law; and3. Reply to Opposition.DECISION & ORDER

*1  The decedent died on May 2, 2016. Prior to her death, on March 17, 2016, while the decedent was a patient in Nyack Hospital, decedent met with Charles Davis, Esq. for the purpose of drafting a Last Will and Testament, a health proxy and a power of attorney. The meeting was arranged by Petitioner, Mr. Polhemus.2 Mr. Davis questioned the decedent in order to fully understand her wishes. According to Mr. Davis, the decedent, although frail, was “clear headed” and “knew what she was talking about.” In fact, Mr. Davis testified that he had “no question that she knew what she was doing and she knew what she wanted.” See, Petitioner’s Exhibit E at 14, 15. Thus, Mr. Davis drafted a will naming Petitioner and his wife as the sole beneficiaries of the decedent’s estate.3 A few days later, on March 20, 2016, Mr. Davis returned to the decedent’s room in Nyack Hospital with*2

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