ESTATE OF ANNA DELGIGANTE aka ANNA MARIA DEL GIGANTE, Deceased (22-1330) — This is an uncontested proceeding by a son of the decedent seeking to probate, as an ancient document, a purported testamentary instrument dated November 23, 1977. The decedent died on May 5, 2021. His spouse having predeceased. The decedent’s distributees are the petitioning son who is the nominated alternate executor under the will, and two adult children for whom waivers and consents were filed. The nominated executor predeceased the decedent. The three children are equal beneficiaries under the will. The two-page typed will is regular on its face, was drafted by an attorney and bears the signatures of three witnesses. One of the witnesses, the attorney-draftsman, provided an affidavit pursuant to SCPA 1406. The petitioner avers that the other two attesting witnesses are now deceased and that he found the will in a locked safe at decedent’s residence shortly after the decedent’s death with other documents, including the decedent’s spouse’s will and death certificate and her children’s birth certificates. The petitioner delivered the will personally to his attorneys for filing in this court. 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 County 1967]; 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]). 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 November 23, 1977 will to probate and directing the issuance of letters testamentary to the petitioner. Decree signed. April 17, 2023
ESTATE OF CATHRETA RICHARDS, Deceased (20-2207) — The decedent died on March 29, 2020, survived by five children. A daughter petitioned for letters of administration and a decision was issued on April 13, 2022 awarding letters of administration to petitioner upon her filing a bond in the amount of $500,000 subject to SCPA 805 (3) restrictions with regard to realty. Prior to the issuance of a decree, a son alleged that the decedent died testate, providing a copy of a will; however, he could not produce the original will. Subsequently, pursuant to stipulation between the petitioner and the son, the petition was amended to request that letters issue to the daughter and the son to serve jointly as co-administrators. Jurisdiction was obtained over the decedent’s three other children with respect to the amended petition. One child executed a renunciation, waiver and consent. Another was personally served with process. The remaining child appeared on the court’s virtual platform on the return date of a supplemental citation and waived service on the record. To date, there has been no opposition to the relief being sought herein. Accordingly, on this state of the record the instant application is granted and letters of administration shall issue to the petitioners, subject to the provisions of SCPA 805(3) with regard to the disposition of any real property in which the decedent had an interest. This decision amends the prior decision dated April 13, 2022. The Chief Clerk is directed to mail a copy of this decision to the decedent’s children appearing pro se and the petitioners’ respective counsel. Settle decree. April 17, 2023
