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Surrogate Titone

ESTATE OF LAWRENCE LIPNER, A/K/A LAWRENCE L. LIPNER, Deceased (19-1336) — Probate is sought in this proceeding by the executor nominated in the offered document, who is asking the court to admit to probate a testamentary instrument, dated February 27, 1985, which purports to be the Last Will and Testament of the within decedent, as an ancient document. All the attesting witnesses to the Will are demonstrated to be deceased. The Decedent’s handwriting upon the instrument has been adequately proved. The unsuspicious appearance of the purported Will and the naturalness of its custody prior to the petition has also been considered. The genuineness of the offered document and the validity of its execution have been proven to the satisfaction of the Court. The Petitioner is the sole distributee of the estate of the deceased. Upon all of this, the testimony of the attesting witnesses is hereby dispensed with, and the instrument dated February 27, 1985 shall be admitted to probate under the ancient document rule as the will of the Decedent (Matter of Barney, 185 App Div 782; Matter of Brittain. 54  Misc.2d 965; Estate of Bisso. Surr. Ct. Richmond August 2, 1989), with Letters Testamentary to issue to the proponent, Robert Lipner, upon duly qualifying according to law. Since the Will is silent regarding the issue, Letters Testamentary shall issue without the necessity of posting a bond (SCPA 710). Submit decree. Dated: January 22, 2020

 
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