New York County, Surrogate's Court: July 19

Decision & Orders signed: July 14, 2023 Surrogate Gingold

ESTATE OF BEVERLY ANN WELLS, a/k/a BEVERLY A. WELLS, Deceased (23-1801) — This is an uncontested proceeding in the estate of Beverly Ann Wells seeking to probate a conformed copy of an allegedly destroyed will, dated June 6, 2007, pursuant to SCPA 1407. Petitioner also requests, pursuant to SCPA 1405, that the court dispense with the testimony of one of the two witnesses to the propounded instrument’s execution. Under SCPA 1407, “[a] lost or destroyed will may be admitted to probate only if (1) It is established that the will has not been revoked, and (2) Execution of the will is proved in the manner required for the probate of an existing will, and (3) All of the provisions of the will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of the will proved to be true and complete.” Petitioner, decedent’s brother, asserts that, after decedent executed the propounded instrument on June 6, 2007, the attorney-draftsman retained the original and mailed a conformed copy of it to decedent. In that regard, Petitioner’s application includes as an exhibit a copy of a letter, dated June 8, 2007, from the attorney-draftsman to decedent, which states, “enclosed please find a conformed copy of your will which was executed on June 6, 2007. The original is being kept in our will vault for safekeeping.”