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New York County, Surrogate's Court: June 13, 2024

Decision and Orders signed:June 10 & 11, 2024

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Surrogate Gingold

ESTATE OF NANCY M. SONDAG a/k/a NANCY SONDAG, Deceased (24-789) — In this uncontested probate proceeding in the estate of Nancy M. Sondag, petitioner seeks to have an instrument purporting to be decedent’s last will and testament admitted to probate as an ancient document. Decedent died on January 1, 2024, at the age of 74, survived by her husband as her sole distributee. In the propounded instrument, bearing the date 2002 but having been executed on May 3, 2002, decedent bequeaths her entire estate to her husband. The proof establishes that the will, which is regular on its face, was found in decedent’s desk in her home. It was witnessed by two persons, who could not be located. The instrument complies with the standards for admission to probate as an ancient document. It is more than 20 years old, appears unsuspicious in nature, and was taken from a natural place of custody (see, e.g., Matter of Tier, 3 Misc 3d 587 [Sur Ct, NY County 2004]; Matter of Davy, NYLJ, Dec. 20,1999, at 34, col 4 [Sur Ct, NY County 1999]). In addition, the instrument contains an attestation clause, which is entitled to great weight (see Matter of Zipkin, 3 Misc 2d 396 [Sur Ct, Westchester County 1956]). The genuineness of the will and the validity of its execution having been shown to the satisfaction of the court, probate is granted (SCPA 1408; EPTL 3-2.1). Decree is signed. Dated: June 11, 2024

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