ESTATE OF KENNETH J. ROLLINS, a/k/a KENNETH ROLLINS, Deceased

ESTATE OF KENNETH J. ROLLINS, a/k/a KENNETH ROLLINS, Deceased. (07/197) — In this uncontested probate proceeding, the petitioner seeks to have the testator's Last Will and Testament admitted as an ancient document. The instrument was executed on July 3, 1984, almost twenty-five years ago. Proof has been submitted that one of the attesting witnesses had pre-deceased the testator, and the other witness could not be found after a diligent search. In order for the court to relax the requirements under EPTL 3-2.1 and SCPA 1405 and dispense with the testimony and proof of handwriting of the attesting witnesses, the will must be admitted to probate as an ancient document. (Matter of Samelson, 40 Misc.2d 623).

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ESTATE OF KENNETH J. ROLLINS, a/k/a KENNETH ROLLINS, Deceased. (07/197) — In this uncontested probate proceeding, the petitioner seeks to have the testator’s Last Will and Testament admitted as an ancient document. The instrument was executed on July 3, 1984, almost twenty-five years ago. Proof has been submitted that one of the attesting witnesses had pre-deceased the testator, and the other witness could not be found after a diligent search. In order for the court to relax the requirements under EPTL 3-2.1 and SCPA 1405 and dispense with the testimony and proof of handwriting of the attesting witnesses, the will must be admitted to probate as an ancient document. (Matter of Samelson, 40 Misc.2d 623).

At common law, a document is considered ancient if it is at least thirty years old, appears to be genuine and free from suspicion, and found in a place of custody where such a document is likely to be kept. (Matter of Barney, 185 A.D. 782). In the current proceeding, the testator’s son found the Will in the testator’s strong box among his other personal papers. The instrument appears to be duly executed and contains an attestation clause, which is to be accorded great weight. (Matter of Samelson, 40 Misc.2d 623; Matter of Borome, 6 Misc.3d 1005(A)). There is nothing suspicious regarding the contents of the instrument, as the testator has divided his estate among his three surviving children.

ESTATE OF KENNETH J. ROLLINS, a/k/a KENNETH ROLLINS, Deceased

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