In January, 2002, Mary C. Turner died leaving a Last Will and Testament which made distributions to two of her three children without making a provision to one of her daughters. After the will was offered for probate, this unnamed distributee objected to the will’s validity, claiming it was the product of undue influence and that the decedent was acting under an insane delusion.
DerOhannesian & DerOhannesian represented the executor of the will and prevailed on a summary judgment motion with the Surrogate’s Court seeking dismissal of the objections to the decedent’s will. On appeal the court agreed with DerOhannesian & DerOhannesian that there was insufficient evidence to support the objectant’s claims. This heavily contested litigation spanned a seven-year period and involved a significant amount of discovery, investigation, review of medical records and appellate research.