The Hampshire County Commission admitted in solemn form a copy of the last will and testament of Jacqueline M. Adams at the Sept. 23 meeting after an attorney for the estate said interested parties were notified and no objections were presented.
Attorney Kevin Judy, representing the executrix Kathy Simon, told commissioners the original will was missing from a safety-deposit box and that he had obtained a copy from the decedent’s prior attorney. “Somehow or another, the last copy of Jacqueline's will was lost … the will vanished from the safety deposit box,” Judy said, and added he had provided notice and the petition to beneficiaries and had not received objections.
Commissioner David Mance reviewed the statutory checklist and confirmed the petition included the testator’s death information, last residence, nature and disposition of the estate, and lists of beneficiaries and heirs. After commissioners said there was no evidence of revocation or contrary affidavits, Commissioner Mance moved to admit the will; a second was recorded and the commission voted aye. The chair announced the motion passed.
Why it matters: admitting a will in solemn form allows the copy to be treated as the decedent’s last will for probate purposes when the original is lost and statutory requirements for notice and evidence are met.
The commission recorded no objections during the hearing and accepted the attorney’s statement that beneficiaries had been served. The commission did not appoint any additional actions beyond admitting the will at this session.