Opinion
March 12, 1993
Appeal from the Monroe County Surrogate's Court, Ciaccio, S.
Present — Callahan, J.P., Green, Balio, Lawton and Doerr, JJ.
Order unanimously affirmed with costs. Memorandum: The Surrogate properly determined that a will cannot be revoked by the physical destruction of an unexecuted conformed copy (see, EPTL 3-4.1; Matter of Estate of Stanton, 472 N.W.2d 741, 747 [ND]; In re D'Agostino's Will, 9 N.J. Super. 230, 75 A.2d 913; In re Wehr's Will, 247 Wis. 98, 18 N.W.2d 709; cf., Matter of Charitou, 156 Misc.2d 952). We reject respondent's contention that In re Kehr's Estate ( 373 Pa. 473, 95 A.2d 647) applies to the facts of the instant case. In that case, the testatrix wrote "null and void" on the first page of an unexecuted carbon copy of her will and signed her initials. The court determined that the testatrix's handwriting constituted "some other writing", that her initials sufficed as an execution of that "writing", as authorized by Pennsylvania statutory law (20 Pa Stat § 180.1, now 20 Pa Cons Stat Annot § 2505 [1992]), and that the will was revoked by that writing. The instant matter does not involve a revocation by subsequent writing.