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New York County, Surrogate's Court: September 13, 2018

New York County, Surrogate's Court: September 13, 2018

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Surrogate Anderson

ESTATE OF IRVING MENDELSON, Deceased (17/898/A) — This is an uncontested proceeding to probate a copy of a lost will dated March 7, 2007. Decedent Irving Mendelson died on December 24, 2015, survived by his wife and three children. Under the propounded instrument, decedent devised and bequeathed: his residuary estate to his wife, Janine Mendelson and his daughter, Catherine Mendelson, in equal shares, and his personal property to his wife.The proof establishes that decedent was never in possession of the original will. Accordingly, the presumption that decedent revoked the will (SCPA 1407[1]) does not apply.The court is satisfied from the evidence presented that the: document offered for probate is a true copy of the lost will, that the instrument was duly executed, that at the time of execution the decedent was competent in all respects to make a will and not under restraint, and that decedent did not revoke the will (EPTL 3-2.1; SCPA 1407 [2]; 1408). Additionally, the provisions of the lost will have been proven by a photocopy which was established to be a true and complete copy of the will (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate.Decree, incorporating the terms of the lost will, signed.Dated: September 13, 2018

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