Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Estate of DiDamo

Probate of Photocopy of Lost Will Granted as Presumption of Revocation Never Arose

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

*1This is an uncontested SCPA 1407 proceeding to probate, as a lost will, a photocopy of a will dated June 4, 2011. The propounded instrument was not attorney drafted or supervised, it is witnessed by three witnesses, contains an attestation clause, and each of the three witnesses separately executed a witness affidavit after the decedent’s death. The decedent’s niece and nephew, his only distributees who receive nothing under the instrument, filed waivers and consents to the application. The decedent died on June 12, 2017 at the age of 85. He was predeceased by his spouse and only child. The propounded instrument leaves the entire residuary estate to two charities. In support of the application, counsel for the petitioner filed an affirmation alleging, inter alia, that: the proponent and the three witnesses were all long time friends of the decedent who stated to them many times that he wanted his estate to go to the two charities which perform work relating to his son who died at age 17 of muscular dystrophy; after the decedent’s death, one of the witnesses took the original instrument for photocopying and was unable to find the original instrument; and, all distributees consent to the application.

*2

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Women Leaders in Consulting (WLC) 2024
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Assistant Town Attorney

General Statement of DutiesPerforms legal work involving full litigation of all types of matters both for and against the Town, including al...


Apply Now ›
FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have a mi...


Apply Now ›
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
Go to Lawjobs