Petitioner seeks to admit to probate a testamentary instrument, dated May 14, 2013, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary and Letters of Trusteeship to the petitioner herein. Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of an infant distributee, has filed his report recommending that the Will be admitted to probate, subject to the terms of the written stipulation filed with this Court on June 18, 2019. Objections to the purported Will were filed by Anthony Rubbo on March 1, 2016. On June 5, 2018, Anthony Rubbo withdrew his objections in writing and said withdrawal was filed in the Court on June 6, 2018. The settlement is in the best interest of the ward of the Guardian ad Litem, and upon his recommendation, his approval and signature upon the agreement is ratified, and the filed Stipulation of Settlement is hereby “So Ordered”. No objections having been filed concerning the report and affidavit of legal services submitted by the Guardian ad Litem, the fee of the Guardian ad Litem is fixed in the amount of $6,495.00, and shall be paid as an administration expense of this estate within thirty (30) days of the issuance of Letters Testamentary and Letters of Trusteeship within this estate. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary. The Court is satisfied upon all the proof submitted, including the Guardian’s ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a will and free from restraint (EPTL 3-2.1; SCPA 1408). The propounded instrument, dated May 14, 2013, is hereby admitted to probate, subject to and pursuant to the terms of the filed stipulation. Letters Testamentary shall issue to Kevin Francis Gillooly, a/k/a Kevin Gillooly, he having duly qualified according to law, without the necessity of posting a bond, pursuant to Article TENTH of decedent’s Will. Letters of Trusteeship shall issue to Kevin Francis Gillooly, a/k/a Kevin Gillooly, f/b/o Toni Ann Rubbo. Preliminary Letters heretofore issued by this Court on March 8, 2018 shall be revoked upon the signing of the Decree. The Limited Letters of Administration issued on May 20, 2015 shall be revoked upon the signing of the Decree. This matter shall be returnable for control on October 9, 2019 at 9:30 AM for the status of the submission of the Decree pursuant to Uniform Rule 207.37(a). Submit Decree upon Notice of Settlement to the Guardian ad Litem and to the Law Firm of Hall and Hall, LLP. Dated: September 4, 2019
