Matter of Wilson
| Court | New York Supreme Court Appellate Division |
| Citation | 698 N.Y.S.2d 854,266 A.D.2d 164 |
| Parties | In the Matter of the Estate of CHELLY WILSON, Deceased.<BR>BONDI WALTERS, Respondent;<BR>DANIEL BOURLA, Appellant. |
| Decision Date | 30 November 1999 |
266 A.D.2d 164
698 N.Y.S.2d 854
In the Matter of the Estate of CHELLY WILSON, Deceased.
BONDI WALTERS, Respondent;
DANIEL BOURLA, Appellant.
Decided November 30, 1999.
Concur — Sullivan, J. P., Tom, Rubin, Andrias and Buckley, JJ.
The Surrogate properly found that proponent-respondent made out a prima facie case for dismissal of objectant's claims of lack of testamentary capacity, and fraud and undue influence, and objectant's consequent burden to demonstrate the existence of triable issues was not met by his conclusory and speculative assertions of a vast conspiracy by the will beneficiaries (see, Matter of Bustanoby, 262 AD2d 407; Matter of Tully, 227 AD2d 288; Matter of Bartel, 214 AD2d 476, 477). Moreover, objectant has failed to demonstrate that any purpose would be served by additional discovery or that there are "special circumstances" warranting expansion of the so-called three-two rule (see, 22 NYCRR 207.27).
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