In re the Estate of Evans

In a proceeding pursuant to SCPA 1407 to admit a lost will to probate, the objectants appeal from an order of the Surrogate’s Court, Dutchess County (Bernhard, S.), dated July 30, 1998, which denied their motion for summary judgment dismissing the petition.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the petition is dismissed.

The objectants contend that they are entitled to summary judgment because the petitioner has failed to come forward with sufficient evidence to overcome the presumption that the testator’s lost will was revoked. We agree. At…