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New York County, Surrogate's Court: November 8, 2018

New York County, Surrogate's Court: November 8, 2018

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Surrogate Anderson

WILL OF JOY WASHINGTON, Deceased, (17-1828) — This is an uncontested proceeding to probate a will as an ancient document. Decedent executed the will on September 8, 1989 and died 28 years later on February 17, 2017. She was survived by her son as her sole distributee.To be admitted to probate as an ancient document, a will must be more than 20 years old, taken from a natural place of custody, and unsuspicious in nature (Matter of Tier, 3 Misc 3d 587). In addition, the court may give great weight to an attestation clause (Matter of Zipkin, 3 Misc 2d 396).Petitioner, decedent’s son, states that the will was found where decedent said it would be, in the bottom-left drawer of decedent’s bedroom dresser among other important personal documents. The instrument appears regular on its face. It was signed by decedent and witnessed by three individuals, who also signed an attestation clause. According to petitioner, after a diligent search, he located only one of the witnesses. But after several attempts to contact that witness, petitioner received no reply. The whereabouts of the other two witnesses are unknown.Based on the foregoing, the court is satisfied that the requisite criteria for probating a will as an ancient document have been met. Accordingly, the instrument, dated September 8, 1989, is admitted to probate.Decree signed.Dated: November 7, 2018.

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