Surrogate AndersonESTATE OF DONALD RIDDELL, Deceased, (03-0846) — The compromise of causes of action for decedent’s personal injury and wrongful death was approved and the attorney’s compensation and disbursements were fixed by order of the Supreme Court, New York County.The proceeds are allocated as follows: 60 percent to the cause of action for personal injury and 40 percent to the cause of action for wrongful death. The restrictions contained in the letters issued to the administrator are removed and she is authorized to collect the settlement and execute the necessary receipts and releases with respect to defendant Kohler Company. The restrictions shall remain in full force and effect with regard to any remaining defendants.The net proceeds shall be paid to decedent’s widow and children as set forth in the decree.The account is settled and the decree is signed.Dated: November 28, 2018
WILL OF NICHOLAS DE PASQUALE, Deceased, (18-4057) — In this uncontested probate proceeding, petitioner seeks to admit to probate, as an ancient document, an instrument dated November 8, 1985.Decedent died on August 18, 2018, at the age of 91, survived by his wife and four children. The proffered instrument, which left the decedent’s residuary estate to his spouse, was found by decedent’s daughter among her papers. The instrument was witnessed by three persons, none of whom could be located despite a diligent search.The instrument complies with the standards for admission to probate as an ancient document. The proffered instrument is more than 20 years old, appears unsuspicious in nature, and was taken from a natural place of custody (Matter of Tier, 3 Misc 3d 587,591 [Sur Ct, NY County 2004]; Matter of Davy, NYLJ, Dec. 20, 1999 at 34, col 4 [Sur Ct, NY County 1999]). Here, the record amply demonstrates that the propounded instrument meets each of these requirements (Matter of Borome, 6 Misc 3d 1005[A] [Sur Ct, NY County 2003]). In addition, the instrument contains an attestation clause, which is entitled to great weight (Matter of Tier, supra; Matter of Zipkin, 3 Misc 2d 396 [Sur Ct, Westchester County 1956]). The genuineness of the will and the validity of its execution having been shown to the satisfaction of the court, probate is granted (SCPA 1408; EPTL 3-2.1).Decree signed.Dated: November 20, 2018
