In re the Estate of Passuello

Appeal from an order of the Surrogate’s Court of Delaware County (Estes, S.), entered April 9, 1990, which granted respondent’s motion for summary judgment and dismissed probate of a photocopy of decedent’s will.

On September 28, 1978 decedent executed his last will and testament naming petitioner as the sole beneficiary, and gave her a copy. She had been living with him at the time and asserted that they planned to marry in 1979. However, they separated in early 1979 and the marriage plans were canceled. Petitioner married another man and rarely saw decedent thereafter, her last visit having…