ESTATE OF LUTHER MORTON, A/K/A LUTHER EMMANUEL MORTON, Deceased

ESTATE OF LUTHER MORTON, A/K/A LUTHER EMMANUEL MORTON, Deceased (17/2498) — In this uncontested probate proceeding, Leonard Morton (the petitioner) offers for probate a photocopy of a written instrument purporting to be the last will and testament of Luther Morton (the decedent), dated February 2, 2011. The decedent died on January 19, 2017, unmarried and survived by two adult children, Brian T. Morton (Brian) and Krystle J. Morton (Krystle). Both Brian and Krystle have executed waivers and consents to the relief requested. Affidavits in support of the instant petition are submitted by the attorneydrafter of the will, Ernest E. Wilson, Esq., as well as by the petitioner and two attesting witnesses, Carolyn Brown (Brown) and Lorraine Rose (Rose).

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ESTATE OF LUTHER MORTON, A/K/A LUTHER EMMANUEL MORTON, Deceased (17/2498) — In this uncontested probate proceeding, Leonard Morton (the petitioner) offers for probate a photocopy of a written instrument purporting to be the last will and testament of Luther Morton (the decedent), dated February 2, 2011. The decedent died on January 19, 2017, unmarried and survived by two adult children, Brian T. Morton (Brian) and Krystle J. Morton (Krystle). Both Brian and Krystle have executed waivers and consents to the relief requested. Affidavits in support of the instant petition are submitted by the attorneydrafter of the will, Ernest E. Wilson, Esq., as well as by the petitioner and two attesting witnesses, Carolyn Brown (Brown) and Lorraine Rose (Rose).

A copy of a lost or destroyed will may be admitted to probate only if (1) it is established that the will has not been revoked, (2) execution of the will is proved in the manner required for the probate of an existing will, and (3) all of the provisions of the will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of the will proved to be true and complete (SCPA §1407). A presumption of revocation applies where an executed will cannot be located after a testator’s death, if such will was in the testator’s possession (Matter of Demetriou, 48 AD3d 463, 464 [2d Dep't 2007]). Sufficient proof for admission of the lost or destroyed will may be established by evidence showing that the attorney-drafter retained possession of the original will, affidavits from the witnesses to the circumstances of the execution of the will, and the proffer of an exact photocopy of the original will (Estate of Castiglione, 40 AD3d 1227, 1229 [3d Dep't], lv denied 9 NY3d 806 [2007]).

ESTATE OF LUTHER MORTON, A/K/A LUTHER EMMANUEL MORTON, Deceased

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