Mitchell J. Rattner

The applicants, estate trustees, sought directions and rectification regarding the deceased's Primary and Limited Wills.

The court struck portions of an affidavit for failing to identify the source of information and belief, but granted relief from strict compliance for another affidavit.

The court found it unnecessary to rectify the Primary Will, as the two wills could be read harmoniously to exclude the Limited Will's assets from the Primary Will.

The court rectified a typographical error in the Limited Will and directed the applicants to pursue their request for a limited certificate of appointment in the original probate proceeding.

The moving party sought leave to appeal an order requiring him to submit to a capacity assessment in the context of a will challenge.

The moving party was unrepresented and failed to address the tests for leave to appeal under Rule 62.02(4).

The court found no conflicting decisions and no good reason to doubt the correctness of the motion judge's order, which was procedural and fact-driven.

The motion for leave to appeal was dismissed with costs.

An appeal from a Superior Court judgment concerning the interpretation and enforcement of a testator's will.

The deceased's will permitted his common law spouse to remain in his home on the condition that only she and two tenants occupy the residence.

The lower court found that the spouse breached the will's terms by allowing her family to live at the property, terminated her right to remain, and removed the co-estate trustee for conflict of interest.

The appellate court upheld the lower court's decision, finding no factual or legal error and dismissing the appeal with costs awarded to the respondent.