ESTATE OF ANNA HOMBURGER, Deceased

ESTATE OF ANNA HOMBURGER, Deceased (3064/11) — In this uncontested probate proceeding, an instrument dated August 15, 1989, has been offered for probate as an ancient document. The proof establishes that the propounded instrument was found in decedent's apartment by her legal guardian after decedent's death on October 18, 2010. The instrument, which contains an attestation clause, was signed by decedent and three attesting witnesses. Although petitioner's attorney conducted a diligent search to determine the whereabouts of the three witnesses, none of them could be found. The instrument is unsuspicious in appearance, but fails to contain any dispositive provisions. Specifically, the two-page "form" will states, "I hereby give all my estate to the following named person/ persons or the survivor of them in equal shares:", but decedent failed to include any names. She did, however, nominate an executor. Petitioner seeks appointment of that executor in order for testator's chosen fiduciary to be able to administer decedent's estate, which is valued at approximately $1,000,000.

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ESTATE OF ANNA HOMBURGER, Deceased (3064/11) — In this uncontested probate proceeding, an instrument dated August 15, 1989, has been offered for probate as an ancient document. The proof establishes that the propounded instrument was found in decedent’s apartment by her legal guardian after decedent’s death on October 18, 2010. The instrument, which contains an attestation clause, was signed by decedent and three attesting witnesses. Although petitioner’s attorney conducted a diligent search to determine the whereabouts of the three witnesses, none of them could be found. The instrument is unsuspicious in appearance, but fails to contain any dispositive provisions. Specifically, the two-page “form” will states, “I hereby give all my estate to the following named person/ persons or the survivor of them in equal shares:”, but decedent failed to include any names. She did, however, nominate an executor. Petitioner seeks appointment of that executor in order for testator’s chosen fiduciary to be able to administer decedent’s estate, which is valued at approximately $1,000,000.

To be admitted to probate as an ancient document, a will must be more than 20 years old (Matter of Schmitt, NYLJ, May 4, 1999 at 36, col 3 [Sur Ct, NY County 1999]; Matter of Davy, NYLJ, Dec. 20, 1999 at 34, col 4 [Sur Ct, NY County 1999]), taken from a natural place of custody and unsuspicious in nature (Matter of Brittain, 54 Misc 2d 965). In addition, an attestation clause is entitled to great weight (Matter of Zipkin, 3 Misc 2d 396).

ESTATE OF ANNA HOMBURGER, Deceased

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