ESTATE OF LILLIAN KURTZ, ALSO KNOWN AS FEMALE ABRAMOWITZ, Deceased

ESTATE OF LILLIAN KURTZ, ALSO KNOWN AS FEMALE ABRAMOWITZ, Deceased (16/1916) — This is an uncontested SCPA 1407 proceeding by a former attorney of the decedent to probate, as a lost will, a photocopy of a will dated August 15, 2011. The decedent died on June 8, 2016, at the age of 92. The decedent, an orphan, had no known distributees. The guardian ad litem appointed for the unknown distributees does not oppose the application. The propounded instrument is signed by the decedent, contains an attestation clause, was witnessed by two witnesses and annexes a self-proving affidavit. The nominated executor is the decedent's predeceased spouse, and the proponent and another attorney are the nominated alternate co-executors. The propounded instrument names five charities as equal residuary beneficiaries.

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ESTATE OF LILLIAN KURTZ, ALSO KNOWN AS FEMALE ABRAMOWITZ, Deceased (16/1916) — This is an uncontested SCPA 1407 proceeding by a former attorney of the decedent to probate, as a lost will, a photocopy of a will dated August 15, 2011. The decedent died on June 8, 2016, at the age of 92. The decedent, an orphan, had no known distributees. The guardian ad litem appointed for the unknown distributees does not oppose the application. The propounded instrument is signed by the decedent, contains an attestation clause, was witnessed by two witnesses and annexes a self-proving affidavit. The nominated executor is the decedent’s predeceased spouse, and the proponent and another attorney are the nominated alternate co-executors. The propounded instrument names five charities as equal residuary beneficiaries.

In support of the application, the proponent alleges that he retained the original instrument after execution, and during the decedent’s lifetime he delivered the instrument to another attorney at the request of the decedents spouse. Although the other attorney, who filed an affirmation stating that he was also requested by the predeceased spouse to turn over the instrument to a third attorney, annexes an admission of delivery allegedly signed by an employee of the attorney, who filed an affirmation denying receipt of the original instrument and opines that it must have been misdelivered to her spouse’s office or lost in transit. In any event, all three attorneys acknowledge that the decedent never requested that the original instrument be returned to her or changed.

ESTATE OF LILLIAN KURTZ, ALSO KNOWN AS FEMALE ABRAMOWITZ, Deceased

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