In re the Estate of Kalenak

Order unanimously reversed on the law without costs and petition granted. Memorandum: In this uncontested proceeding in Surrogate’s Court, petitioner contends that the court erred in denying her petition to admit to probate a copy of the Last Will and Testament of decedent. We agree.

Petitioner’s proof sufficiently established that the original will was not in decedent’s possession before his death, but that a conformed copy remained in the possession of the attorney-draftsman or his successor. That proof satisfied SCPA 1407 (1) (see, Matter of Utegg, 91 Misc 2d 21; Matter of Haefner, 4 Misc…