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Surrogate Gigante

ESTATE OF PETER PAUL DEVITO, A/K/A PETER DEVITO, Deceased (18/373/A) — Petitioner seeks probate of a propounded instrument, dated January 11, 2018, as the Last Will and Testament of the decedent, and the issuance of Letters Testamentary.Petitioner contends that there will be a delay in the completion of the probate proceeding. Because of this delay, petitioner has applied for Preliminary Letters Testamentary. Further, this matter last appeared on the Court’s calendar of July 18, 2018. During that appearance, counsel for the interested parties submitted a Stipulation for the issuance of Preliminary Letters to Jennifer DeLuna.After reviewing the petition and the supporting documents, the application is granted. Pursuant to the provisions of SCPA 1412, Preliminary Letters Testamentary shall issue to Jennifer DeLuna, upon her duly qualifying according to law. These letters are limited to the terms of the Stipulation entered into on July 18, 2018 between counsel for the parties.No distribution of assets is permitted pending the further Order of this Court, or until the admission of the Will to probate, and the issuance of Letters Testamentary.After reviewing the documents in support of the application, the Court dispenses with the filing of a bond by the petitioner.Pursuant to SCPA 1412(3)(b), the preliminary executor shall give notice to all parties who have appeared herein within ten (10) days of her appointment.This decision shall constitute the Order of the Court.Dated: August, 2018

 
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