ESTATE OF LILLIAN SHEPPARD, Deceased (2012/414) — Petitioner seeks to admit to probate a testamentary instrument, dated December 12, 2006, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.
Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of an incapacitated distributee, has filed his report recommending that the will be admitted to probate.
The fee of the Guardian ad Litem is fixed as indicated in the file and shall be paid as an administration expense of this estate within thirty (30) days of the date of Letters Testamentary within this estate. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.
The Court is satisfied upon all the proof submitted, including the Guardian's ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a Will and free from restraint (EPTL 3-2.1; SCPA 1408).
The propounded instrument, dated December 12, 2006, is hereby admitted to probate.
Letters Testamentary shall issue to William Sheppard, he having duly qualified according to law, without the necessity of posting a bond, pursuant to Article SEVENTH of decedent's Will.
Preliminary Letters issued on June 15, 2012 are hereby revoked.
November 14, 2012