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ESTATE OF RAMONA ROSARIO, Deceased (16/2312) — In this proceeding by the nominated executor, the decedent’s attorney who waives commissions, seeking to probate an instrument dated September 23, 2006, jurisdiction was obtained over the decedent’s two daughters and a son, her only distributees and testamentary beneficiaries, a consent was filed by one daughter and the two other children defaulted. After the date noticed for settlement of the decree, the other daughter sent an ex parte letter to the court indicating opposition to probate. Although the court afforded her additional time to file formal objections to probate, no such objections have been filed and the period of time to file objections has now expired.

The court is satisfied that the testator executed the propounded instrument in compliance with the statutory requirements and that, at the time of its execution, the testator was competent to make a will and was free from restraint (SCPA 1408; EPTL 3-2.1).

 
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