Surrogate Malave-GonzalezESTATE OF ANGELINA DIPAOLA also known as ANGELINE DIPAOLA, LENA DIPAOLA, Deceased (18-2537/A) — This is an uncontested proceeding by one of the decedent’s sons seeking to probate as an ancient document, a will dated November 14, 1967. The decedent died on August 28, 2018 at the age of 92. Her distributees are four children, one of whom is the petitioner. Distribution under the propounded instrument is the same as intestacy. Consents were filed for the three other distributees.The three-page instrument, which is regular on its face, bears the signatures of three witnesses, one of whom is the drafting attorney, and contains an attestation clause. The petitioner’s attorney’s affidavit states, inter alia, that: (1) the attorney drafter/attesting witness took his oath of office in 1927, but never filed his registration, therefore the New York State Unified Court Administration, Attorney Registration Unit does not have further information pertaining to him; and, (2) the other two attesting witnesses no longer reside at the addresses listed in the attestation clause and the United States Postal Service could not provide forwarding addresses for them. An affidavit of a nephew of the decedent states that he recognized the signature of the testator on the proposed instrument as that of the decedent.To be admitted to probate as an ancient document, a will must be more than 30 years old, unsuspicious in nature and taken from a natural place of custody (see Matter of Brittain, 54 Misc 2d 965 [Sur Ct, Queens County 1967]). Moreover, the attestation clause is entitled to weight in determining due execution (see Matter of Cottrell, 95 NY 329 [1884]).Accordingly, as the propounded instrument meets the requisite criteria to be admitted to probate as an ancient document, the petition is granted, and a decree has been entered admitting the November 14, 1967 will to probate.Decree signed.January 4, 2019
ESTATE OF BERNARD MANEVITZ, Deceased (13-1608/A) — In this proceeding to judicially settle the account of the Public Administrator, objections to the account were filed by separate counsel for four alleged maternal cousins. Thereupon, a kinship hearing was held before a member of the court’s Law Department designated to hear and report, upon the consent of all parties. More than 10 days have elapsed since the mailing of the referee’s report, and no party has moved to modify or overrule the report.After review by the court, the findings of fact and conclusions of law set forth in the report are confirmed, including that the decedent was not survived by any paternal distributees and his only distributees are four maternal cousins, Marilyn Fried, Irene Schatz, Sarah Goldberg and Frances E. Borger, the later two having post deceased the decedent, each of whom, or their estate, is entitled to one-fourth of the net distributable estate (EPTL 4-1.1 [a] [6]).The Public Administrator shall update her account and settle a decree in accordance with this decision.Settle decree.January 3, 2019
