It appears that decedent's will, dated May 19, 1999, was created by decedent's obtaining a typed copy of a friend's will and his adapting it to his own use by means of pen-and-ink cross-outs and additions. The adaptation and personalization of the document was done in the presence of persons who later witnessed the propounded instrument.

It further appears, however, that at some time subsequent to the will's execution, and the birth of his second child, decedent crossed out the name of his first-born child and pluralized the word "daughter" where these items appeared in the last lines of Articles SECOND and THIRD of the instrument. These changes, not having been subscribed and witnessed as required by statute, are ineffective.

The remainder of the propounded will appears to have been duly executed in accordance with the statutory requirements. The competency of the decedent to make a will and his freedom from restraint having been established, the propounded instrument will be admitted to probate as the will of the decedent in accordance with this decision.

Submit decree reciting at length the text of the will at the time of execution as herein determined.

Dated: White Plains, NY

November 20, 2001

______________________________

HON. ANTHONY A. SCARPINO, JR.

Westchester County Surrogate

TO:John E. Dalrymple, Esq.

Attorney for Petitioner

235 Mamaroneck Avenue

White Plains, NY 10605

Kenneth L. Stein

Guardian Ad Litem

600 Third Avenue

New York, NY 10016