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ESTATE OF WILLIE ADAMS, Deceased

ESTATE OF WILLIE ADAMS, Deceased (12/848/A) — In this proceeding by the proponent, one of the decedent's sons, to probate an instrument dated August 11, 2011, jurisdiction was obtained over all necessary parties, and objections were filed by two daughters. In addition to the proponent and the daughters who are the only beneficiaries under the instrument, the decedent's remaining distributees are a spouse and another son. Accordingly, there are no parties who need to be served with SCPA 1411 citation. After a conference with a member of the court's law department, the parties entered into a written stipulation dated April 29, 2014 which was "so-ordered" by the court pursuant to which, inter alia, the daughters withdrew their objections subject to the terms of the stipulation.

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ESTATE OF WILLIE ADAMS, Deceased (12/848/A) — In this proceeding by the proponent, one of the decedent’s sons, to probate an instrument dated August 11, 2011, jurisdiction was obtained over all necessary parties, and objections were filed by two daughters. In addition to the proponent and the daughters who are the only beneficiaries under the instrument, the decedent’s remaining distributees are a spouse and another son. Accordingly, there are no parties who need to be served with SCPA 1411 citation. After a conference with a member of the court’s law department, the parties entered into a written stipulation dated April 29, 2014 which was “so-ordered” by the court pursuant to which, inter alia, the daughters withdrew their objections subject to the terms of the stipulation.

The court is satisfied that the testator executed the will dated August 11, 2011 in its present form in compliance with the statutory requirements and that, at the time of its execution, the testator was competent to make a will and was free from restraint. Accordingly, the will dated August 11, 2011 is entitled to be admitted to probate, subject to the terms of the stipulation dated April 29, 2014 (see EPTL 3-2.1; SCPA 1408).

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