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Matter of Raleigh

Lost Will Copy Met EPTL 3-2.1 Requirements, Admitted to Probate

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*1 This is an uncontested proceeding to probate a lost will. Decedent died on December 7, 2016, survived by a minor daughter. Decedent’s father (“proponent”) is the nominated executor under the purported will, which was executed on June 15, 2007.Under the propounded instrument, decedent left his tangible personal property to the mother of his daughter and his residuary estate to a revocable trust (the “trust”) that he created on the same date he executed the purported will. Decedent was the sole beneficiary and trustee of the trust until his death. Upon decedent’s death, the mother of decedent’s daughter is to receive $1,000,000 and certain other property. Any remaining trust assets are to be held in various further “sub-trusts” for the benefit of decedent’s daughter, proponent, and decedent’s sister, respectively. The co-trustees of the trust and subtrusts are proponent, decedent’s sister, and decedent’s friend, Charles Balancia.According to affidavits supporting the petition, a lawyer, John Pritchard was hired by decedent’s regular attorney, A. Lawrence Gaydos, to draft decedent’s will. Decedent executed both the will and the trust instrument at Mr. Gaydos’s office in New Jersey, in the presence of Mr. Pritchard, Mr. Gaydos, and an employee of Mr. Gaydos. The latter two individuals served as witnesses to both documents. Mr. Pritchard took the original will with him to be bound and covered and then mailed it to Mr. Gaydos, who put it in decedent’s client file and sent the file in

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