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New York County, Surrogate's Court: October 18, 2019

New York County, Surrogate's Court: October 18, 2019

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Surrogate Anderson ESTATE OF ELEANOR DOBLIN UNGER, Deceased (19-1715/B) — This is an uncontested proceeding to probate a copy of a lost will, dated December 29, 2004. Decedent died on April 7, 2019 survived by two sons. The propounded instrument leaves ten percent of the estate to two charities, and the remaining estate passes in equal shares to one son outright and to the other son in trust. Both sons have consented to probate of the copy of the propounded instrument. The instrument was drafted by an attorney (now deceased) who supervised its execution. It contained an attestation clause, and a self-proving witness affidavit was annexed to it. Such draftsperson was nominated in the will as a co-executor and co-trustee to serve together with proponent, decedent’s accountant. A photocopy of the will was found in decedent’s residence, together with a letter from the draftsperson confirming that he had retained the original will. The record reflects that, after the draftsperson’s death in 2016, a large portion of his files was discarded. The original will was not located among his remaining files. The court finds that the original will, dated December 29, 2004, was not in decedent’s possession and, thus, the presumption of revocation never arose (see Matter of Conti, NYLJ, July 26, 2007, at 32, col 5 [Sur Ct, Bronx County 2007]). Furthermore, the court is satisfied that the original will was not revoked by decedent during her lifetime (SCPA 1407[1]). The court is also satisfied that the will was validly executed and that, at the time of 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 to be a true and complete copy of the will, as executed (SCPA 1407 [3]). Accordingly, probate is granted. Decree signed. Dated: October 15, 2019

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