In this uncontested probate proceeding, petitioner requests that the will dated April 24, 2014, a copy of a codicil dated January 11, 2017, and a second codicil dated January 26, 2017 be admitted to probate. Decedent died on September 10, 2019 and was survived by her two children, Lois Gillman and Marc Weiner. In her April 24, 2014 will the decedent left her estate to her husband, Julius D. Weiner, who predeceased her and then to her two children. Under Article Ninth, the decedent appointed her daughter, Lois Gillman, to be the executor. The codicil dated January 11, 2017 merely changed Article Ninth to appoint both of her children as co-executors. The instrument then ratified and confirmed the will dated April 24, 2014 “except as modified or revoked by this codicil.” The second codicil dated January 26, 2017 again changed Article Ninth to now appoint her attorney, Reena Gulati, Esq. as executor. The instrument then ratified and confirmed her will dated April 24, 2014 “except as modified or revoked by this codicil.” Petitioner, Reena Gulati, Esq., the attorney who drafted and supervised the execution of all three instruments, submitted an affirmation indicating that she retained each of the three instruments after their execution and that, after the decedent’s death, she located the original will and second codicil, but could not locate the codicil dated January 11, 2017. Petitioner seeks the admission of a copy of the lost codicil along with the will dated April 24, 2014 and the second codicil. A codicil is a supplement to a will, either adding to, taking from or altering its provisions or confirming it in whole or part by republication, but not totally revoking such will (EPTL §1-2.1). The effect of a codicil is to republish the will and make it speak again from the new date (Matter of Howe, 15 AD2d 396). Each of the codicils republished the April 24, 2014 will and only addressed the appointment of an executor under Article Ninth of the instrument. However, the second codicil did not republish the codicil of January 11, 2017, but, rather, changed its only provision. Under these circumstances, there is no need to probate a copy of the “lost” codicil of January 11, 2017, but it is revoked (See: Matter of Campbell, 170 NY 84). Accordingly, the unopposed petition is granted as follows: The will dated April 24, 2014 and the second codicil dated January 26, 2017 are admitted to probate and letters testamentary shall issue to petitioner upon her qualifying according to law. The codicil dated January 11, 2017 is denied probate. Submit decree. Dated: January 17, 2020
