The following papers were read and considered on Petitioner’s application to vacate the prior Decree of this Court entered on October 8, 2015, which admitted the Last Will and Testament of the Decedent to probate and issued Letters Testamentary to David Menzies: 1. Petitioner’s Amended Verified Petition verified on August 13, 2016. 2. Respondent David Menzies’ Verified Answer and Affirmative Defense verified on May 28, 2019. 3. All other documents filed with this Court under File Nos. 2015-286 and 2015-286/A, of which the Court takes judicial notice. BACKGROUND Respondent David Menzies originally sought to probate the Will of the Decedent and his appointment as Executor pursuant to a petition for probate filed on April 22, 2015. This Court issued a Citation returnable on June 10, 2015. On May 27, 2015, the now-Petitioner Wilhelm Waight (the Respondent in the former probate proceeding) served a “Preliminary Notice for Discovery and Inspection” and “Notice to Take SCPA §1404 Examinations” upon counsel for Respondent/Proponent David Menzies. (Amended Verified Petition, 4). On June 1, 2015, Petitioner Wilhelm C. Waight (then the Respondent), through counsel, filed a Notice of Appearance. The Clerk of this Court rejected the Notice of Appearance due to deficiencies. On June 10, 2015, the return date, counsel for Petitioner Wilhelm Waight, Thomas F. O’Connell, Esq., appeared in Court with a facsimile copy of an Authorization of Appearance. (Amended Verified Petition, 5). The Authorization of Appearance, which contained Wilhelm Waight’s signature, was verified by him on August 3, 2015. The Authorization of Appearance stated the following: Wilheim C. Waight [sic]…hereby authorizes Thomas F. O’Connell, Esq., attorney at law, of the City of Pearl River, New York, to appear for me in this proceeding, and such appearance by Thomas F. O’Connell, Esq. shall have the same effect as though I was personally served with said citation and duly appeared pursuant thereto. At the June 10, 2015 return date appearance, the Court advised that the matter was adjourned to July 22, 2015 for purposes of serving a Supplemental Citation on Jannine Waight. (Amended Verified Petition, 5). On June 20, 2015, the Petitioner states that the Clerk of the Court called Petitioner’s counsel and told him that he need not appear on the adjourned date of July 22, 2015. The Clerk further informed Petitioner’s counsel that he needed to file an original notarized Authorization of Appearance with the Court (replacing the facsimile copy), together with an Amended Notice of Appearance that clearly indicated which distributees Petitioner’s counsel would continue to represent. (Amended Verified Petition, 6). On August 17, 2015, the Court issued a Supplemental Citation to Jannine Waight returnable on September 30, 2015. On August 20, 2015, Petitioner Wilhelm C. Waight, through counsel, filed an Amended Notice of Appearance (for Wilhelm C. Waight only) and the original Authorization of Appearance as previously requested by the Clerk at the June 10, 2015 appearance. On September 30, 2015, distributee Jannine Waight failed to appear or object. On October 8, 2015, the Court entered its Order granting probate of the Will of the Decedent and issuing Letters Testamentary to David Menzies. On October 29, 2015, Petitioner’s counsel contacted the Court Clerk’s office and, on October 30, 2015, learned that the Will had recently been probated by Decree entered on October 8, 2015, that letters testamentary were issued and that there were no further appearances. (Amended Verified Petition, 7). On September 7, 2016, the Petitioner filed the instant proceeding to vacate the Decree entered October 8, 2015, revoke the letters testamentary and grant leave for an opportunity to conduct SCPA §1404 examinations and file objections to the Will. Petitioner argues that he received no notice of subsequent court dates following June 22, 2015. Petitioner alleges that the Will is invalid based upon lack of due execution, undue influence and/or lack of capacity because, “The decedent signed the purported instrument while in the hospital after the decedent had sustained serious head/brain injuries from which injuries, upon information and belief, he died shortly thereafter”. (Amended Verified Petition,
