The Court adopted our arguments, finding that summary judgment was “improvidently granted” where the Judge relied on grounds not raised by the moving parties thereby denying the nominated Personal Representative a meaningful opportunity to be heard. The Appeals Court held further that the Probate Court committed legal error as it failed to view the factual record in the light most favorable to the non-moving party and the existing record evidence created a genuine issue of material fact concerning the decedent’s testamentary capacity.
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