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IN RE: Probate of the Last Will and Testament of Jean BEAUMONT, etc ., Deceased, Yvonne B. Moore, Objectant-Appellant, Bruce Beaumont, Proponent-Respondent.
Decree, Surrogate's Court, Bronx County (Lee Holzman, S.), entered December 5, 2000, admitting the subject will to probate upon a directed verdict, unanimously affirmed, without costs.
Upon this record, no reasonable person could find that the will was the product of undue influence or that the testator otherwise lacked testamentary capacity (see, Matter of Kumstar, 66 N.Y.2d 691, 496 N.Y.S.2d 414, 487 N.E.2d 271; Matter of Spielberger, 250 A.D.2d 425, 673 N.Y.S.2d 6, lv. denied 92 N.Y.2d 816, 683 N.Y.S.2d 760, 706 N.E.2d 748). That objectant, a lawyer admitted to the Minnesota bar appearing pro se, was restricted in the presentation of her own testimony by CPLR 4519, does not mean that she was prevented from presenting any competent evidence in support of her case.
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Decided: November 15, 2001
Court: Supreme Court, Appellate Division, First Department, New York.
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