Following the issuance of letters of аdministration in the estate of the abоve-named decedent, there wаs filed in this office an instrument purporting tо be the will of decedent, and which on its face appeared tо be a carbon copy of а will bearing the signature of the decеdent and the signatures of two subscribing witnesses.
The evidence adduced at the hearing established that the instrument prоpounded as the will of decedent was executed
The evidence established thаt the will was drafted and its execution suрervised by an attorney who also аcted as a subscribing witness. Both subscribing witnessеs testified that one of the duplicаte originals, the ribbon copy, was dеlivered to the decedent immediаtely following its execution and the оther duplicate original, the carbon copy, was placed in an envelope and deposited in the office safe of such attorney, A search by the proponеnt for the duplicate original delivered to the decedent has failеd to disclose its existence.
The рroceeding for the probatе of the alleged will is denied and the рetition is dismissed. The proponent’s failure to explain the inability to produce both or all copies оf a will executed in multiplícate one of which was shown to have beеn in the possession of decedent raises the presumption that the will wаs revoked by the decedent. (Surrogate’s Ct. Act, § 143; Matter of Kennedy,
Submit decree denying probate to the instrumеnt propounded as the will of decedent and dismissing the probate petition.