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ESTATE OF ROSALIE F. MAISANO, A/K/A ROSALIE MAISANO, Deceased

ESTATE OF ROSALIE F. MAISANO, A/K/A ROSALIE MAISANO, Deceased. (475/13) — In this uncontested proceeding to probate a lost Will dated, February 28, 2008, the proof establishes that the original instrument was inadvertently lost while in the possession of the attorneydraftsman. As the Will was not lost while in decedent's possession, the Court is satisfied that the Will was not revoked (SCPA 1407(1)). In fact, the presumption of revocation never arose under these circumstances (Matter of Gethins, 97 Misc 561).

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ESTATE OF ROSALIE F. MAISANO, A/K/A ROSALIE MAISANO, Deceased. (475/13) — In this uncontested proceeding to probate a lost Will dated, February 28, 2008, the proof establishes that the original instrument was inadvertently lost while in the possession of the attorneydraftsman. As the Will was not lost while in decedent’s possession, the Court is satisfied that the Will was not revoked (SCPA 1407(1)). In fact, the presumption of revocation never arose under these circumstances (Matter of Gethins, 97 Misc 561).

In addition, the Court is satisfied that the instrument offered for probate was validly executed and that at the time of its execution, testarix was competent in all respects to make a Will and not under restraint (EPTL 3-2.1; SCPA 1408; SCPA 1407(2)). It further appears that the conformed copy of the instrument establishes a true and complete copy of decedent’s Will (SCPA 1407(3)), and the propounded Will shall be admitted to probate.

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