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Estate of Erik Johnson

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At the hearing, numerous documents were admitted into evidence and two witnesses testified, including a genealogist. To the extent that the objectants were unable to locate certain documentary or other information, they requested that the ameliorative provisions of SCPA 2225 be utilized in determining the distributees entitled to share in the net distributable estate. Where appropriate, the court also utilized the presumption that a person who would have been in excess of 100 years upon the date of the decedent’s death predeceased the decedent (see Young v Shulenberg, 165 NY 385, 389-391 [1901]).

The decedent died on October 14, 2004 at the age of 66 without a spouse or issue. The decedent was the only child born to George Johnson (aka Georg Sigfrid Henning Johannson) and Margaret Johanna Mattila (aka Margaret J. Erickson) both of whom were born in Sweden, married in the United States and predeceased the decedent without any other issue.

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