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New York County, Surrogate's Court: January 18, 2019

New York County, Surrogate's Court: January 18, 2019

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Surrogate AndersonESTATE OF DANIEL PORITZKY, Deceased (18-3141) — This is an uncontested proceeding to probate a lost will. Decedent died on February 12, 2013, survived by his wife and his two sons. In the propounded instrument, decedent named his wife as executor and his two sons as successor executors. Decedent’s wife post deceased, and the executor of her estate, petitioner herein, seeks letters of administration c.t.a. because decedent’s two sons have renounced their appointment.The attorney-draftsman has submitted an affidavit stating that the original instrument, which was executed on January 16, 2004, was in his “exclusive possession” ever since that time, but he can no longer find it. He located a photocopy of the instrument and provided it to petitioner’s attorneys.The court is satisfied on all the proof submitted that the copy of decedent’s will which is offered for probate is consistent with the original will. The court is further satisfied that decedent did not revoke the instrument, that it was validly executed, and that, at the time of execution, decedent was competent in all respects to make a will and not under restraint or undue influence (SCPA §§1407, 1408). Accordingly, the propounded instrument is admitted to probate.Decree signed.Dated: January 15, 2019

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