In re the Probate of the Will of Fox

The question before us is whether a true copy of a paper purporting to be the last will and testament of Albert Fox, who died in Germany in April, 1946, was properly admitted to probate as a lost or destroyed will pursuant to the provisions of section 143 of the Surrogate’s Court Act.

The decedent, Albert Fox, was the life income beneficiary and the donee of a power of appointment over the remainder of a testamentary trust created under the will of one Bertha M. Foster who died in 1924. The instant proceeding was brought, to admit to probate a copy of a holographic instrument executed by…