Surrogate Malave-Gonzalez GUARDIANSHIP OF CHRISTIAN P. C. J. Pursuant to SCPA Article 17-A (22-998) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged intellectually disabled person. Upon the oral and documentary proof adduced at the virtual hearing at which the proposed guardian and the ward appeared remotely, it appears to the satisfaction of the court that the respondent is an intellectually disabled person within the provisions of Article 17-A of the SCPA and that he lacks the capacity to make health care decisions. The court is also satisfied that the petitioner is qualified to assume the responsibility of serving as the respondent’s guardian. Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to his mother, Dalida J. The Chief Clerk is directed to mail a copy of this decision and the decree to the pro se petitioner. Decree signed. February 14, 2023
ESTATE OF HENRIETTA GANT, Deceased (22-1732) — This is an uncontested proceeding for letters testamentary by a son of the decedent seeking to probate, as an ancient document, a purported testamentary instrument dated September 22, 1972. The decedent died widowed on February 26, 2022. The decedent’s distributees are the petitioning son, the nominated alternate executor under the will, and a daughter who filed a waiver and consent to the application. The nominated executor predeceased the decedent. The two children are the sole, equal beneficiaries under the will. The two-page typed will is regular on its face, bears the signatures of two witnesses, and contains an attestation clause. One of the witnesses is the attorney draftsperson of the instrument. The petitioner avers that both attesting witnesses are now deceased. The daughter, an attorney licensed to practice law in the state of Texas, avers that she located the will in a locked wooden file cabinet kept in the decedent’s bedroom. She obtained the key to open the cabinet from the decedent. The cabinet was undisturbed and showed no signs of tampering. The instrument was found stapled and folded within a manila folder inside the box until delivered for filing in this court. The daughter further avers that the signature in the instrument is the signature and handwriting of the decedent. Generally, a will that is more than 30 years old will be admitted to probate as an ancient document if it is taken from a natural place of custody and unsuspicious in nature (see Matter of Brittain, 54 Misc 2d 965 [Sur Ct, Queens County1967]; Matter of Gallagher, 23 Misc 3d 1126(A) [Sur Ct, Bronx County 2009]; Matter of Cafferky, 38 Misc 3d 1219(A) [Sur Ct, Bronx County 2013]). Moreover, the attestation clause is entitled to weight in determining due execution (Matter of Cottrell, 95 NY 329, 335 [1884]). Accordingly, as the propounded instrument meets the requisite criteria to be admitted to probate as an ancient document, the petition is granted, and a decree has been entered admitting the September 22,1972 will to probate and directing the issuance of letters testamentary to the petitioner. Decree signed. February 23, 2023
