MATTER OF MASSIMO

File No. 370/13. 2016-13175.

177 A.D.3d 640 (2019)

109 N.Y.S.3d 885

2019 NY Slip Op 07911

In the Matter of Anthony Massimo, Also Known as Anthony V. Massimo, Deceased. Lionel Markee, Appellant; Orsola Bartolini et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 6, 2019.


Ordered that the decree is affirmed, with costs.

In this proceeding to probate a lost will and a lost codicil, after a nonjury trial, the instruments were denied probate in a decree dated August 15, 2016, based on the Surrogate's Court's finding that the presumption of revocation had not been rebutted. We affirm.

It is undisputed that the lost will and the lost codicil were properly executed, and the terms thereof were established by copies of the instruments...

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