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New York County, Surrogate's Court:May 6, 2020

New York County, Surrogate's Court:May 6, 2020

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Surrogate Anderson

ESTATE OF LYDIA F. PENA, A/K/A LYDIA FERRERIA PENA, Deceased (19-1944) — This is an uncontested proceeding to probate a lost will dated March 20, 2002. Decedent died on June 28, 2009, survived by a spouse and three adult children. The proof establishes that the will was extant at decedent’s death and lost thereafter. Accordingly, the presumption that decedent revoked the will does not apply (Matter of Gubbins, NYLJ, March 5, 1998 at 1, col 3 [Sur Ct, Suffolk County 1998]). The court is satisfied that the original will was not revoked by decedent during her lifetime (SCPA 1407 [1]). The court is further satisfied that the will was validly executed and that at the time of execution, decedent was competent in all respects to make a will and was not under restraint (EPTL 3-2.1; SCPA 1408, 1407[2]). In addition, the provisions of the lost will have been proven by a photocopy, which was established as a true and complete copy of the will, as executed (SCPA 1407 [3]). Accordingly, the lost will, dated March 20, 2002, is admitted to probate. Decree signed. Dated: May 5, 2020

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