ESTATE OF GENNADY LADYZHENSKY, Deceased (16/3354) — This is an uncontested SCPA 1407 proceeding to probate a photocopy of an instrument dated January 12, 2012, as decedent’s last will and testament. Decedent died on March 21, 2015, at the age of 48. Decedent is survived by his wife and nominated executor, Olena Maksymenko, and three children. A guardian ad litem was appointed to represent the interests of two of decedent’s children who are infants.The proof establishes that the instrument was never in decedent’s possession after its execution, but was retained by the attorney drafter who has submitted an affidavit stating that the original instrument could not be located after a thorough and diligent search of all of his files. Therefore, no presumption of revocation arises. There is also no evidence that decedent ever executed any testamentary instrument subsequent to the propounded lost will.The guardian ad litem has no objection to the requested relief, reporting that the instrument was executed in accordance with the laws of the State of New York and that his wards are “well provided for” under its terms.Pursuant to SCPA 1407, a lost will may be admitted to probate only if: (1) it is established that the will has not been revoked, (2) execution of the will is proved in the manner required for the probate of an existing will, and (3) all of the provisions of the will are clearly and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.On this record, the court concludes that the original of the will was never in decedent’s possession, and the court is therefore satisfied that the will was not revoked by decedent (SCPA 1407[1]). The court is further satisfied that the will was validly executed and that, at the time of its execution, decedent was competent in all respects to make a will and was not under restraint (EPTL 3-2.1; SCPA 140; 1407[2]). In addition, the provisions of the lost will have been proven by the provided copy, which has been established as a true and complete copy of the will as executed (SCPA 1407[3]).Decree incorporating the terms of the lost will dated January 12, 2012, signed.Dated: February 1, 2018ESTATE OF MANUEL E. CASTILLO, Deceased, (16/2860/A/B/C) — The uncontested application by the administrator of the estate of Manuel E. Castillo, to compromise and settle the causes of action for decedent’s conscious pain and suffering and wrongful death is approved. The restrictions in the letters of administration issued to petitioner, Carol Castillo, on November 16, 2016, are hereby removed. The administrator is authorized to collect the settlement proceeds and issue any instrument necessary to effectuate settlement.The record reflects that the causes of action were settled out of court.Petitioner has requested that the net proceeds, after approval of her counsel’s fee, be allocated 100 percent to the cause of action for decedent’s conscious pain and suffering and to discontinue the cause of action for decedent’s wrongful death. Under the circumstances presented, this request is approved.The fee payable to Susan Dennehy, Esq., of the Dennehy Law Firm as well as disbursements to be reimbursed are approved in the sums requested. There are no outstanding liens or claims against these estate assets.1 Reimbursement for decedent’s funeral expenses and fiduciary commissions have been waived.The net settlement proceeds shall be paid to decedent’s surviving spouse and issue in accordance with EPTL 4-1.1 (a)(1), and as set forth in the Decree.Decree settling the administrator’s account signed.Dated: January 31, 2018
