In re the Estate of Wilson
—Order, Surrogate’s Court, New York County (Renee Roth, S.), entered on or about August 13, 1998, which, to the extent appealed from as limited by the brief, granted the motion by the proponent of the subject will for summary judgment, in part, dismissing objectant-appellant’s objections to probate premised on lack of testamentary capacity, and fraud and undue influence, unanimously affirmed, without costs.
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,