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Decision and Orders signed: October 31, 2024 Surrogate Mella

ESTATE OF LINDA A. ROBERTS, Deceased (24-2704) — This is an uncontested proceeding to probate as a lost will a copy of an instrument dated October 24, 2018, purporting to be the last will and testament of Linda Roberts, deceased. The court is satisfied that decedent did not revoke the propounded instrument, which the record establishes was lost after decedent’s death and in transmission between the attorney-draftsperson and the attorney representing Proponents (SCPA 1407[1]). The court is further satisfied that the will was validly executed, and that at the time of execution, decedent was competent in all respects to make a will and was not under restraint (EPTL 3-2.1; SCPA 1408, 1407[2]). In addition, the provisions of the lost will have been established by a photocopy which was proved to be a true and complete copy of the instrument as executed (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate. Decree signed. Dated: October 31, 2024   Decree and Orders signed between: October 25 – November 29, 2024

 
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