ESTATE OF CHARLES VENDIKOS, Deceased. (15/664) — This is a proceeding to probate a photocopy of an instrument purporting to be the last will and testament of Charles Vendikos (the decedent). The decedent died on July 15, 2013, survived by two siblings, John Vendikos, who is the proponent, and Angela Aretakis, who has waived the issuance of a citation and consents to admitting the copy of the purported lost will to probate. Jurisdiction is complete and has been obtained over all interested parties. The photocopy of the two-paged instrument appears to be signed by the decedent, witnessed by two witnesses including the drafting and supervising attorney, and contains an attestation clause. Attached to the instrument is a self-proving affidavit signed by the attesting witnesses. An affirmation in support of the instant petition is submitted by Jerald Rosenbloom, Esq. (“Rosenbloom”), one of the attesting witnesses. Rosenbloom submits that the will was executed on February 2, 1995, in his presence and under the supervision of Richard Hofflich, Esq., the drafter and his law partner. Rosenbloom further submits that the will was kept at their law office, then located at 130 Cedar Street, New York, New York, directly opposite 2 World Trade Center. On September 11, 2001, the will was destroyed along with other law office files. Rosenbloom avers that the original will was never in the decedent’s possession or control, nor was the decedent made aware that the original will had been destroyed.
SCPA §1407 provides that a lost or destroyed will may be admitted to probate upon establishing (1) that the will has not been revoked, (2) proper execution, and (3) the provisions of the will. SCPA 1407; Matter of Mitchell, 38 Misc 3d 1226(A) (Sur Ct, Nassau County 2013). On the record presented, the Court is satisfied that the instrument has not been revoked, that the provisions of the will have been proved, that it is genuine, was validly executed, and that at the time of the execution, the decedent was competent to make a will and was not under restraint or undue influence. SCPA 1407; EPTL 3-2.1. See Matter of Katzen, NYLJ, April 26, 2012 at 27, col 1 (Sur Ct, New York County); Matter of Gubbins, NYLJ, March 5, 1998 at 1, col 3 (Sur Ct, Suffolk County). Accordingly, the propounded instrument is admitted to probate and letters testamentary shall issue to John Vendikos, upon duly qualifying according to law.
