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New York County, Surrogate's Court: March 11 & 14, 2022

New York County, Surrogate's Court: March 11 & 14, 2022

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ESTATE OF ROZIA FRANKEL, Deceased (18-2731) — This is an uncontested proceeding to probate a copy of a lost will dated May 31, 1985, in the estate of Rozia Frankel. The proof submitted establishes that the original of the propounded instrument was last in the custody of a law firm retained by the testator but was lost while in the firm’s possession. The presumption of revocation that arises in a case in which the original will was last held by the testator (see SCPA §1407[1]) therefore does not apply. The court is thus satisfied that the testator did not revoke the will. The court is further satisfied that the will was validly executed and that, at the time of its execution, the testator was competent in all respects to make a will and was not under restraint (EPTL §3-2.1; SCPA §1407 [2]; SCPA §1408). Moreover, the provisions of the lost will have been established by a photocopy that has been proved to be a true and complete copy of the instrument as executed (SCPA §1407 [3]). Submit decree. Dated: March 14, 2022 Surrogate Mella

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