Matter Of Ryan

2021 NY Slip Op 21010 (2021)

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Nature of the Case

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Facts

William Ryan died on June 3, 2020. A verified petition for probate of an instrument purporting to be his Last Will and Testament, was filed by Patricia Picalila, the named executor. The Court set and presided over an SCPA 1404 examination of the witnesses to the will. Testimony showed that Ryan communicated with attorney Peter Gorton about the preparation of his will. The communication was telephonic due to Covid-19 pandemic restrictions then and still in place. Ryan expressed that he was single, had a surviving brother and sister, and petitioner to be sole and equal residuary beneficiaries. Ryan confirmed his decision not to provide for his brother in his will. Ryan was sent a draft of the will by Gorton's office. Gorton knew at the time of the will preparation the decedent that was ill. Gorton planned to have the will signed in the parking lot of his office. Ryan's health took a turn for the worse and he was admitted to the Hospital. Covid-19 restrictions precluded outside visitors from entering the Hospital at that time. Gorton's office arranged for a social worker to serve as a witness to the will. The original will was delivered in a sealed envelope to the social worker. The social worker then delivered the will to Ryan in his room and remained with him at its execution, serving as 'videographer' by utilizing a cell phone. Gorton and two of his staff 'attended' and participated in the execution ceremony via a computer in his office. Ryan opened the sealed envelope containing the original will and reviewed the will with Gorton. A copy of Ryan's driver's license had been provided in advance allowing Gorton and his staff to identify Ryan. Ryan was asked by Gorton if the instrument he was about to sign was his will and responded affirmatively. Ryan was also asked if he wished Mr. Gorton's staff to serve as witnesses to the execution of his will, which he also affirmed. Ryan signed the will, while Gorton and his staff watched on their computer. The cell phone angle was such that Ryan could be seen signing the document in front of him. Immediately, the signed original was driven back to Gorton's office, where his two staff executed the attestation clause and the witness affidavit, which had been stapled with the original will in a will cover.