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Matter of Stein

Objection to Probate Proceeded; Based On Allegations of Beneficiaries' Undue Influence

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*1 In this probate proceeding in the estate of Samuel Stein, proponent, BNY Mellon, N.A., moves for summary judgment dismissing the objections of decedent’s son, Edward Stein.Testator died on December 1, 2008, at the age of 89, survived by Rose, his wife of more than 60 years, objectant, and a grandson, Spencer (the child of a predeceased daughter Linda). At his death, decedent, who was a lawyer and insurance broker, had amassed a substantial estate, none of which was left to objectant in the two purported wills that he executed. In the propounded instrument, dated May 7, 2002, decedent left his personal and real property to Rose, whom he nominated as executor. He further directed that his residuary estate be distributed to the trustees of an inter vivos trust, executed the same day, for the benefit of Rose and Linda, or if the latter predeceased Rose, then Spencer.1 Under an earlier instrument, executed on March 31, 1999, decedent left 60 percent of his estate to Rose, 20 percent each to Linda and Spencer, and

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