ESTATE OF MYRON MATLAW, Deceased (2830/08)—This is a uncontested proceeding to probate an instrument dated March 9, 1988 as a lost will. Decedent Myron Matlaw died on January 26, 1990. Petitioner and proponent of the lost will is decedent’s son, M. John Matlaw. The instrument nominates him, along with his sister, Laura Matlaw Murphy, to serve as co-executors. Laura post-deceased, and although her surviving spouse and the fiduciary of her estate, Kent Murphy, filed a petition for letters of administration, that petition has been withdrawn pursuant to a stipulation filed with the court. Petitioner now seeks to have Kent Murphy serve with him as co-fiduciary, with letters of administration CTA (with the will annexed).

The proof establishes that decedent’s spouse, Julia Matlaw, sole residuary legatee, sent the successor firm of the firm which drafted the will a request for the original will with a copy of decedent’s death certificate. A paralegal at that firm has provided an affidavit confirming that the original will was sent in response. Apparently, most of decedent’s assets were held jointly with his spouse, delaying the need for a probate proceeding until now, as she needs estate assets to cover health care expenses. The original will cannot now be found.

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