Will of John Douglas

In this uncontested proceeding, an instrument dated February 19, 1999 has been offered for probate as an ancient document. Petitioner is decedent’s niece, the nominated executor under the propounded instrument. In such instrument, decedent grants petitioner a special power of appointment in favor of two nephews of his predeceased spouse, and the remainder not so appointed to be distributed to an inter vivos trust, created by decedent for the benefit of the descendants of his predeceased sister, MaryLynn Overstreet Crowe. Decedent died on July 27, 2022, at the age of 84. The proffered instrument was found by petitioner in the decedent’s apartment. The instrument was signed by decedent in Oklahoma and witnessed by two people, one of whom was an attorney. Both witnesses are now deceased. The record contains an affidavit from an attorney, who was a long-time colleague of both witnesses, in which he verified the signatures of both witnesses on the subject will. In addition, the record reflects that the will was executed in accordance with both New York and Oklahoma law (EPTL 3-5.1[c]). 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 (Matter of Tier, 3 Misc 3d 587, 591 [Sur Ct, NY County 2004]; Matter of Davy, NYLJ, Dec. 20, 1999, at 34, col 4 [Sur Ct, NY County 1999]). Here the record amply demonstrates that the propounded instrument, which includes an attestation clause, meets each of these requirements (Matter of Borome, 6 Misc 2d 1005A [Sur Ct, NY County 2003]). Accordingly, the instrument dated February 19, 1999 is admitted to probate. Decree signed. Dated: December 18th, 2024