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New York County, Surrogate's Court: November 21, 2018

New York County, Surrogate's Court:November 21, 2018

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Surrogate AndersonESTATE OF MARY D. SINGLETON, Deceased. (18-2814) — Mary D. Singleton died on April 27, 2018, at the age of 97, survived by three children and the daughter of a pre-deceased child. In this uncontested application, her daughter, the nominated executor, petitions to probate an instrument dated November 9, 1981, as an ancient document.To be admitted to probate as an ancient document, a will must have been executed more than 20 years before decedent’s death, taken from a natural place of custody, and be of an unsuspicious nature (Matter of Schmitt, NYLJ, May 4, 1999, at 36, col 4 [Sur Ct, Nassau County]; Matter of Tier, 3 Misc 3d 587 [Sur Ct, NY County 2004]).The propounded will, dated thirty-seven years before decedent’s death, clearly meets the test of age. Its place of custody was natural. Decedent kept it in a safe deposit box until 2007, when she sold her home and moved in with petitioner. After her death, it was found with other important papers in a safe in petitioner’s home. Further, it is regular in appearance. It was drafted by an attorney and was signed by decedent on each page and at its end. It was witnessed by two witnesses and contains an attestation clause, which is entitled to great weight (Matter of Zipkin, 3 Misc 2d 396 [Sur Ct, Westchester County 1956). Petitioner has been unable to locate the attorney- draftsman, whom she believes has died, or the witnesses, despite diligent efforts. The dispositive provision of the instrument, which favors decedent’s children in equal shares, is also natural and unsuspicious.Based on the foregoing, the court is satisfied that the criteria for probating a will as an ancient document have been met. Accordingly, the propounded instrument, dated November 9, 1981, is admitted to probate, and letters testamentary shall issue to petitioner.Decree signed.Dated: November 19, 2018

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