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PROBATE PROCEEDING, WILL OF EMILY KOLBE, Deceased.

PROBATE PROCEEDING, WILL OF EMILY KOLBE, Deceased. (1358/12) — This is an uncontested proceeding to probate a lost will. The proof establishes that after execution the original instrument dated December 3, 1999 was retained by the draftsperson who cannot now locate it. Accordingly, the court is satisfied that the will was not revoked by decedent (SCPA 1407 [1]). The court is further satisfied that the instrument was validly executed and that at the time of execution the decedent was competent in all respects to make a will and not under restraint (EPTL 3-2.1; SCPA 1407[2], 1408). In addition, the provisions of the lost will have been established by a photocopy which was proved to be a true and complete copy of the will as executed (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate.

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PROBATE PROCEEDING, WILL OF EMILY KOLBE, Deceased. (1358/12) — This is an uncontested proceeding to probate a lost will. The proof establishes that after execution the original instrument dated December 3, 1999 was retained by the draftsperson who cannot now locate it. Accordingly, the court is satisfied that the will was not revoked by decedent (SCPA 1407 [1]). The court is further satisfied that the instrument was validly executed and that at the time of execution the decedent was competent in all respects to make a will and not under restraint (EPTL 3-2.1; SCPA 1407[2], 1408). In addition, the provisions of the lost will have been established by a photocopy which was proved to be a true and complete copy of the will as executed (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate.

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