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Kings County, Surrogate's Court: March 5 - 7, 2019

Kings County, Surrogate's Court: March 5 - 7, 2019

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Decision & Order released on: March 7, 2019

Surrogate López TorresEstate of CYNTHIA HARRIS (15-3036/B), Deceased — In this probate proceeding, Welton Vample (the petitioner) filed a petition on February 23, 2018 seeking to probate a written instrument, dated March 11, 2013, which purports to be the last will and testament of Cynthia Harris (the decedent). A citation was issued that was returnable on April 3, 2018. A supplemental citation was issued that was returnable on April 17, 2018. On April 10, 2018, the petitioner filed an affidavit of service of the supplemental citation on David Hardison (the movant), the decedent’s son. The movant did not appear in court on the return date. A decision and decree granting letters of administration c.t.a. to the petitioner were issued by the court on April 18, 2018. On May 23, 2018, the movant filed an order to show cause seeking to vacate the decision and decree dated April 18, 2018, asserting that the court did not have proper jurisdiction over him and should not have issued letters to the petitioner. The petitioner opposes the motion. In a decision dated September 19, 2018, the Court set the motion down for a Traverse hearing.On November 1, 2018, a Traverse hearing was held before a court attorney-referee. All parties waived the filing of the referee’s report and stipulated to the Court’s determination of all service of process issues upon the transcript of the hearing testimony and the documents in evidence, pursuant to SCPA 506(6)(c).

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