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ESTATE OF SIDNEY LEVINE, Deceased (17/423/A) — This is an uncontested proceeding for letters of administration c.t.a. by the petitioners, the decedent’s nieces and sole distributees, seeking to probate, as an ancient document, a purported instrument dated March 4, 1966. The decedent died February 6, 2017, at 88 years of age. The decedent’s pre-deceased sister was the nominated fiduciary and sole residuary beneficiary. Under the instrument the entire residuary estate is to be placed in a trust to be held for the co-petitioners until the age of 25. As co-petitioners are over the age of 25, distribution under the instrument is the same as intestacy.

The eight-page typed will is regular on it’s face, bears signatures of three witnesses, one of whom is the drafting attorney, and contains an attestation clause. The petitioners’ attorney affirms that the co-petitioners brought to his office personal bags and boxes they retrieved from the decedent’s home where he lived for 40 years. While sorting through the contents, the attorney affirms he came upon an attorney’s will envelope bearing the printed title “Last Will and Testament…Sidney Levine” which was secured by a rubber band that broke upon opening due to it’s age. Inside was a folded document purporting to be the Last Will and Testament of Sidney Levine, dated March 4, 1966 with a legal back bearing the name of Eugene Winick, as attorney; the alleged drafting attorney. The co-petitioners’ attorney also affirms the drafting attorney is now under a disability and the other two witnesses’ whereabouts are unknown.

 
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