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MATTER OF LLEWELLYN

16630, 1282/10

135 A.D.3d 499 (2016)

24 N.Y.S.3d 37

2016 NY Slip Op 00125

In the Matter of J. BRUCE LLEWELLYN, Deceased. DONALD McHENRY et al., Respondents, v. JAYLAAN AHMAD-LLEWELLYN, Objectant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2016.

Petitioners sustained their burden of demonstrating due execution of the will, based on the signed affidavit and the deposition testimony of the three attesting witnesses (see Matter of Falk, 47 A.D.3d 21, 26 [1st Dept 2007], lv denied 10 N.Y.3d 702 [2008]). Objectant failed to raise a triable issue of fact, as she presented no evidence that the witnesses' testimony was suspect, and she was not present when the will was signed...

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