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New York County,Surrogate's Court: August 9, 2022

Decision & Order decided on:August 3-5, 2022

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Surrogate Anderson ESTATE OF DIANE B. RESNICK, Deceased (21-3535) — This is an uncontested proceeding to probate a copy of a lost will, dated March 13, 2008, in the estate of Diane B. Resnick. The proof submitted establishes that the original of the propounded instrument was last in the custody of the attorney-draftsperson but was lost while in his possession. The presumption of revocation that arises in a case in which the original will was last held by the testator therefore does not apply (see SCPA §1407 [1]). 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], 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]). Accordingly, the genuineness of the will having been established, probate is granted. Decree signed. Dated: August 3, 2022

Surrogate Mella

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