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New York County, Surrogate's Court: December 4, 2018

New York County, Surrogate's Court: December 4, 2018

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Surrogate AndersonEstate of MARJORI M. KAMHI, a/k/a MARJORI KAMHI (18-4156), Deceased — In this uncontested probate proceeding, petitioner seeks tohave an instrument purporting to be decedent’s last will and testament admitted to probate as an ancient document. Decedent died on October 25, 2018, at the age of 90, survived by two daughters as her sole distributees. In the propounded instrument, dated December 26, 1972, decedent leaves her estate equally to her daughters.The proof establishes that the will, which is regular on its face, was found in decedent’s apartment with her important papers. The will was signed by decedent and two witnesses. Petitioner could not locate the witnesses, who would be well over 100 today.To be admitted as an ancient document, a will must be more than 20 years old, appear unsuspicious in nature, and be found in a natural place of custody (see e.g. Matter of Tier, 3 Misc 3d 587 [Sur Ct, NY County 2004)). An attestation clause also provides weight to the presumption that an instrument was duly executed (see e.g. Matter of Walker, NYLJ, Dec. 30, 2015, at 29, col 4 [Sur Ct, NY County 2015)). Here, the record amply demonstrates that the propounded instrument, which includes an attestation clause, meets each of these requirements.Accordingly, the instrument, dated December 26, 1972, is admitted to probate.Decree signed.Dated: November 30, 2018

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