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ESTATE OF ALONZO UPTON, Deceased (17/5) — In this estate there are two contested proceedings: (1) a probate proceeding wherein the proponents, who are a cousin of the decedent and two attorneys, seek to probate a testamentary instrument dated May 29, 2015; and (2) a proceeding commenced by one of the decedent’s three daughters, his only distributees, seeking to invalidate the Alonzo Upton Self-Declaration of Living Trust, also dated May 29, 2015 (the “Trust”). The instrument offered for probate, inter alia, pours the entire estate into the Trust and thereafter provides for distribution pursuant to the terms of the Trust in the event the Trust fails; none of the decedent’s distributees are beneficiaries under the propounded instrument or the Trust. Objections to probate were filed by one the decedent’s daughters. A conference shall be held at 9:30 a.m. on the return date of the citation to be issued pursuant to SCPA 1411. Proof of service as directed herein shall be filed at least two days before the return date of the citation.

The proponents shall cause the issuance of a citation (upon the form provided by the court) and shall serve copies of the citation upon the beneficiaries of the Trust; namely, Ameria Gordon, Lorenzo Upton, George A. Upton, Juanita Goodman, Maurice Samuel, Craig Samuel, Barbara Hale and Doris Ford, who have not appeared in this proceeding. Service of process shall be made by mailing a copy of the citation both by ordinary mail with U.S. Postal Service Certificate of Mailing and by Certified Mail, Return Receipt Requested. Service shall be made within the time provided by SCPA 308 and shall be deemed complete, provided that the service by ordinary mail is not returned as undeliverable.

 
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