Surrogate GiganteESTATE OF DARRYL BIBBINS, Deceased (17/340/C) — In this SCPA Article 19 proceeding, it appears that Thor Bibbins and Othinn Bibbins, Infants, are necessary parties, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).Accordingly, the Court appoints Christine Corrado, Esq., as the Guardian ad Litem to protect the interest of such parties. The appointment is effective upon the Guardian ad Litem filing Form UCS 872 entitled “Notice of Appointment and Certification of Compliance,” and upon the Guardian ad Litem duly qualifying pursuant to Uniform Rules for the Surrogate’s Court, Section 207.13(A).This decision shall constitute the Order of the Court.Dated: July 20, 2018
ESTATE OF PHYLLIS BIGGIO, A/K/A PHYLLIS I. BIGGIO, Deceased (15/932/A) — Petitioner seeks to admit to probate a testamentary instrument, dated May 27, 2010, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein. Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of unknown distributees, and/or distributees whose whereabouts are unknown, has filed his report recommending that the Will be admitted to probate. Construction issues raised within the Guardian’s ad Litem report are deferred until the commencement of a construction proceeding or final accounting. The fee of the Guardian ad Litem is fixed as indicated in the file, and shall be paid within thirty (30) days of the date of Letters Testamentary.The Court is satisfied upon all the proof submitted, including the Guardian’s ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a will and free from restraint (EPTL 3-2.1; SCPA 1408).The propounded instrument, dated May 27, 2010, is hereby admitted to probate.Letters Testamentary shall issue to Lawrence G. Biggio, he having duly qualified according to law, without the necessity of posting a bond, pursuant to Article FIFTH of decedent’s Will. Preliminary Letters Testamentary heretofore issued on December 15, 2016 and thereafter extended, are hereby revoked.Decree signed.Dated: July 19, 2018
