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New York County, Surrogate's Court:June 6, 2019

New York County, Surrogate's Court:June 6, 2019

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Surrogate AndersonWILL OF FRANK POINDEXTER, Deceased (18-1605) — This is an uncontested proceeding to probate a copy of a lost will, dated February 6, 2003. Decedent, Frank Poindexter, died on December 1, 2017, survived by three sisters. Under the propounded instrument, decedent devised and bequeathed all of his real and personal property to his sister, Carole Grace Kozak, who is also the petitioner and nominated executor.The proof establishes that decedent was never in possession of the original will. Accordingly, the presumption that decedent revoked the will (SCPA 1407[1]) does not apply.The court is satisfied from the evidence presented that the document offered for probate is a true copy of the lost will, that the instrument was duly executed, that at the time of execution the decedent was competent in all respects to make a will and not under restraint, and that decedent did not revoke the will (EPTL 3-2.1; SCPA 1407[2]; 1408). Additionally, the provisions of the lost will have been proven by a photocopy which was established to be a true and complete copy of the will (SCPA 1407[3]). Accordingly, the propounded instrument is admitted to probate.Decree, incorporating the terms of the lost will, signed.Dated: June 4, 2019

Surrogate MellaWILL OF PAUL A. ENDER, Deceased (17-434/A) — At the call of the calendar on January 11, 2019, the court noted that objectant’s motion to dismiss, grounded on proponent’s failure to provide pre-objection discovery pursuant to SCPA 1404 was moot. Objections to probate had then been filed.This decision, together with the transcript of the January 11, 2019 proceedings, constitutes the order of the court.Dated: June 5, 2019

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