In re the Estate of Danziger

The decedent’s husband has offered for probate a conformed copy of an instrument the original of which, his petition alleges, was decedent’s last will and testa*1015ment left in the care, custody and control of the attorney who prepared it; that it was “ fraudulently ” destroyed without the knowledge or consent of the testatrix and without any revocatory intent on her part.

Proponent’s allegations were obviously based upon section 143 of the Surrogate’s Court Act, substantially revised by SOPA 1407, which eliminated fraudulent destruction during the testatrix’ lifetime as the ground for admission…