ESTATE OF IRENE EISENBERG, Deceased

ESTATE OF IRENE EISENBERG, Deceased (15/2502) — This is an uncontested proceeding to probate a lost will, dated December 24, 2007, in the estate of Irene Eisenberg. The proof submitted establishes that the original of the propounded instrument was last in the custody of a law firm retained by testator for estate planning purposes, but was lost while in the firm's possession. The presumption of revocation that arises in a case in which the original will was last held by the testator (see SCPA 1407[1]) therefore does not apply here. The court is thus satisfied that testator did not revoke the will. The court is further satisfied that the will was validly executed and that, at the time of its execution, decedent was competent in all respects to make a will and was not under restraint (EPTL §3-2.1; SCPA §1407[2]; SCPA §1408). Moreover, the provisions of the lost will have been established by a photocopy that has been proved to be a true and complete copy of the instrument as executed (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate.

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ESTATE OF IRENE EISENBERG, Deceased (15/2502) — This is an uncontested proceeding to probate a lost will, dated December 24, 2007, in the estate of Irene Eisenberg. The proof submitted establishes that the original of the propounded instrument was last in the custody of a law firm retained by testator for estate planning purposes, but was lost while in the firm’s possession. The presumption of revocation that arises in a case in which the original will was last held by the testator (see SCPA 1407[1]) therefore does not apply here. The court is thus satisfied that testator did not revoke the will. The court is further satisfied that the will was validly executed and that, at the time of its execution, decedent was competent in all respects to make a will and was not under restraint (EPTL §3-2.1; SCPA §1407[2]; SCPA §1408). Moreover, the provisions of the lost will have been established by a photocopy that has been proved to be a true and complete copy of the instrument as executed (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate.

ESTATE OF IRENE EISENBERG, Deceased

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