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New York County, Surrogate's Court: September 24, 2021

New York County, Surrogate's Court: September 24, 2021

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Surrogate Mella

ESTATE OF DAVID F. JOHNSON, Deceased (16-3627/A/B) — Cynthia Ann Reynolds, a residuary beneficiary under the will of David F. Johnson, petitioned for revocation of letters testamentary issued to Karen Diehl and for the issuance of successor letters testamentary to herself as a nominated successor executor {see SCPA 711 and 103 [39]). Decedent died on September 1, 2016, leaving an estate of approximately $350,000; letters testamentary issued to Ms. Diehl on October 18, 2016. According to Petitioner, on January 31, 2018, a court of Lynn County, Oregon, determined that Ms. Diehl lacked the capacity to handle her finances or personal care. Citation issued returnable August 18, 2021; however, the citation was not served. On August 13, 2021, Petitioner’s counsel filed an affirmation, supported by a death certificate, informing the court of Ms. Diehl’s May 7, 2021 death. Article SIXTH of decedent’s will reads, in pertinent part: “I hereby appoint the following persons in the following order to be executor of this will: A. my sister, KAREN DIEHL, B. PETER LAARMAN…, C. My nephew, STEVEN WILLIAM DIEHL, JR. and D. My niece, CYNTHIA REYNOLDS, each to serve as sole executor, in turn.” Peter Laarman renounced his nomination as successor executor and consented to the requested relief on August 5, 2019. Decedent’s nephew, Steven William Diehl, Jr., died on March 7, 2017. In light of the foregoing, the court determined jurisdiction to be complete on August 18, 2021. Decree — revoking letters testamentary issued to the now deceased Karen Diehl and appointing Cynthia Ann Reynolds as successor executor — signed. Clerk to notify. Dated: September 23, 2021

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