Surrogate MellaESTATE OF EVELYN BEAUFORD, Deceased (94/2853/A) — In this final accounting in the estate of Evelyn Beauford, the Public Administrator requests that the court determine the identity of decedent’s distributees.Based upon the proof submitted at a hearing before a court attorney-referee, and the report of the guardian ad litem (GAL) appointed to represent two individuals whose whereabouts are unknown and unknown distributees of decedent, the court finds that decedent was survived by two children, Doris Barker and George Calhoun, both of whom post-deceased; two grandchildren, Clivetta Leverich Frazier and George Leverich (the children of decedent’s predeceased daughter Ella Mae Calhoun Leverich); and one great-grandchild, Joshua Tibbs (the child of Leatrice Leverich, the predeceased daughter of Ella Mae Calhoun Leverich).With respect to a final alleged distributee, the purported surviving spouse of decedent, Edmond Beauford, the objectants had maintained that Edmond had either divorced decedent or, in the absence of a divorce, had abandoned her. The court concludes that insufficient proof was presented to establish either divorce or abandonment. The court further concludes, however, that proof of Edmond’s status as decedent’s surviving spouse was likewise insufficient.1Accordingly, the Public Administrator is directed to deposit $50,000 plus one-half of the residue of the net estate with the Commissioner of Finance of the City of New York for the benefit of those who may establish their entitlement thereto. The balance of the net estate is to be divided in three equal shares, with one share to be distributed to the personal representative of the estate of post-deceased daughter, Doris Barker, one share to be distributed to the personal representative of the estate of post-deceased son, George Calhoun, and the final share to be further divided in three equal shares, one for each of Clivetta Leverich Frazier, George Leverich, and Joshua Tibbs (EPTL 4-1.1[a][1]).The Public Administrator shall supplement her account by affidavit and, as so supplemented, the account is settled.Settle decree.Dated: July 13, 2018
1. The testimony of the witnesses establishes that Edmond and decedent had no children together and that decedent’s three children are not Edmond’s children.
