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Probate Proceeding, Will of ALVINA RAPP, Deceased., File No. 2014-1891/A — Alvina Rapp died on May 1, 2014. She was survived by her niece, Caryl Ann Chancey (hereinafter “Chancey”) and nephew, Thomas Hellrigel (hereinafter “Hellrigel”). On June 5, 2014 the decedent’s attorney filed a purported last will and testament, dated August 9, 2012, and a probate petition. The instrument offered for probate “… devises and bequeath(s)” the entire distributable estate to “…my good friends and neighbors Giovanni Spatola and his wife Josephine Spatola” and nominates the attorney as executor. On August 26, 2014 the office of Victor A. Carr & Associates (hereinafter “Carr & Assoc.”) filed a notice of appearance with the Court solely on behalf of Chancey only.

On the return of the citation on September 11, 2014, an attorney stating she was “of counsel” to Carr & Assoc., acting on behalf of “objectants,” requested SCPA 1404 examinations. The Court’s subsequent order provided that the SCPA 1404 examinations were to be held on October 22, 2014, continued on a day-to-day basis until completed, and “If objections are to be filed, they must be filed within TEN (10) days after completion of such examinations.”

 
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