Surrogate MellaWILL OF KATHLEEN D. OLSON, Deceased (18/4325) — This is a proceeding to probate a copy of a testamentary instrument dated March 30, 2013, pursuant to SCPA 1407. Decedent, a domiciliary of New York County, died January 16, 2018, survived by two adult daughters (as her distributees), as well as five grandchildren and two great-grandchildren. One of decedent’s daughters is the nominated executor under the propounded instrument, which leaves decedent’s entire estate to her family members.The proof establishes that the original was in the possession of the attorney-drafter, who, after decedent’s death, inadvertently sent the original will, death certificate, petition for probate and other supporting documents to the Rockland County Surrogate’s Court. The attorney-drafter affirms that she contacted the Rockland County Surrogate’s Court to inquire about status and was advised by court personnel that the entire probate package had been sent back to counsel’s office because decedent resided in New York County at the time of her death. Counsel adds that, despite a diligent search, her office has been unable to locate the returned package. Therefore, counsel submits that the original will has been lost.Since the original will was not lost while in decedent’s possession, the presumption of revocation never arose under these circumstances (SCPA 1407[1]; see Matter of Khanna, NYLJ, July 18, 2018, at 22, col 3 [Sur Ct, NY County]; Matter of Thomson, NYLJ, July 21, 2016, at 22, col 5 [Sur Ct, NY County]; Matter of Conti, NYLJ, July 26, 2007, at 32, col 5 [Sur Ct, Bronx County]).Based on the unopposed record, the court is further satisfied that the instrument was executed in accordance with the statutory requirements and that, at the time of the instrument’s execution, decedent was competent in all respects to make a will and was not under restraint (EPTL 3-2.1; SCPA 1408, 1407[2]). In addition, the provisions of the lost will have been proven by the photocopy which has been established as a true and complete copy of the will, as executed (SCPA 1407[3]). Accordingly, the propounded instrument dated March 30, 2013, shall be admitted to probate.Probate decree signed.Dated: February 1, 2019ESTATE OF ANTHONY GITU GITHERE, Deceased (15/217/A/B/C) — The petition of Mark N. Githere, as administrator of the estate of Anthony Gitu Githere, for leave to compromise a cause of action for decedent’s wrongful death and conscious pain and suffering is granted. The restrictions on the letters of administration issued by this court are removed. The administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required. The compromise proceeds are allocated entirely to the cause of action for decedent’s wrongful death.The attorney’s fees have been fixed and disbursements have been allowed in accordance with Matter of Herlinger (NYLJ, Apr. 28, 1994, at 28, col 6 [Sur Ct, New York County]). The administrator’s commissions have been fixed in accordance with SCPA 2307.The administrator is permitted to pay himself $685.88 and to pay Gilbert Githere $685.87, as reimbursement for decedent’s funeral expenses.The balance of the proceeds shall be paid entirely to the representative of the estate of decedent’s post-deceased wife, Elizabeth Wambui Githere, in accordance with EPTL 5-4.4.Decree settling administrator’s account signed.Dated: February 1, 2019
