In this uncontested proceeding, the nominated executor, who is one of the decedent’s daughters, seeks to probate an instrument dated July 14, 2018 and requests that effect be given to its handwritten alterations. The distributees are the petitioner and three other children, all of whom consent to the application and waive service of process. The decedent died on May 2, 2021, at the age of 84. The propounded will consists of four typewritten pages that include three handwritten changes, described in greater detail below. The last page bears the signatures of the decedent and two witnesses, and contains an attestation clause. A self-proving affidavit from the attesting witnesses is appended to the instrument which indicates, inter alia, that its attorney-supervised execution complied with the requirements of EPTL 3-2.1. On the instrument’s first page, there is a handwritten insertion of a daughter’s name, “Gina Marie Stellato,” in paragraph THIRD, which concerns the distribution of the estate’s real property, and paragraph FOURTH, the residuary clause. On the instrument’s second page, a line is drawn through the word “Husband.” The decedent’s initials are written in the instrument’s side margin alongside each of the changes. In support of her application, the petitioner submits two affirmations from the instrument’s attorney-draftsperson, Lorraine C. Corsa, Esq., who also supervised its execution. According to the affirmation dated July 29, 2022, prior to the execution ceremony the decedent stated that she wanted to include her daughter, Gina Marie Stellato, as a beneficiary. Ms. Corsa thus inserted that daughter’s name within paragraphs THIRD and FOURTH, and the decedent, by her own hand, wrote her initials by each change. Ms. Corsa’s August 23, 2022 affirmation explains that prior to the execution ceremony the decedent, who was a widow, further instructed Ms. Corsa to cross out the word “Husband” on the third line of second page of the instrument and insert the word “daughter” in its place, to correct an obvious scrivener’s error. The decedent also affixed her initials near this correction. Notably, Ms. Corsa’s affirmations confirm not only that all of the aforesaid insertions and alterations were requested and completed before the decedent executed the propounded instrument, but also in the presence of the will witnesses, prior to their signing the attestation clause and the witness affidavit. On this state of the record, the court is satisfied that the decedent executed the will after the handwritten alterations were made, in compliance with the statutory requirements, and that at the time of execution the decedent was competent to make a will and free from restraint. Accordingly, the petition is granted, and a decree has been entered admitting the will to probate in its present form (see EPTL 3-2.1, SCPA 1408). Decree signed. Dated: August 25, 2022
