ESTATE OF MARY MAESTRALLIS, Deceased. (15/3112) — This is a proceeding to probate a photocopy of an instrument purporting to be the last will and testament (will) of Mary Maestrallis (the testator). The decedent died on July 2, 2014, survived by six distributees who all consent to the probate of the will and the issuance of letters testamentary to Katherine M. Surace a/k/a Katherine Surace a/k/a Katherine Maestrallis (petitioner). The petitioner also request that an error in describing the petitioner within the will be deemed a scrivener’s error and that the will be accepted by the court. Jurisdiction is complete and has been obtained over all interested parties. An affirmation in support of the instant petition is submitted by Theodore Pavlounis, Esq. (the attorney drafter). The attorney drafter avers that on February 16, 2012, the decedent appeared in his office and executed the will. Thereafter, the testator requested that the attorney drafter retain the original will at his office, which he did. After the execution of the will and during the testator’s lifetime, she did not revoke or reclaim possession of her will. The attorney drafter believes that he lost the purported lost will during the relocation of his office, but he did not realize that it had been lost until the petitioner contacted him after the testator’s death to obtain it.
The attorney drafter also submitted an affirmation regarding a scrivener’s error contained in Article Second of the will. Article Second, paragraph five of the will provides, “If my daughter Katherine Surace shall predecease me, then to my daughter Katherine Maestrallis’ issue in equal shares per stirpes”. The affirmation of the attorney drafter provides that Katherine Surace and Katherine Maestrallis are the same person, namely the only daughter of the testator, and that the attorney drafter inadvertently referred to her by both her married name and her given name. The attorney drafter avers that the will should state, “If my daughter Katherine Surace shall predeceased me, then to my daughter Katherine Surace’s issue in equal shares per stipres,” as they are indeed the same person.
