An interesting twist on the admissibility of a copy of a will to probate in New York is seen  in In re Estate of Carmody, 821 NYS 2d 858. In this action, the decedent was a New York domiciliary whose original will was admitted to probate in another country. When Carmody’s executor sought to obtain the will so that it might be admitted to probate in New York as well, the High Court of Ireland refused to return the original copy.

In admitting the will to probate in Ireland, it was ruled there that it had been executed and attested in full accordance with New York law. Surrogate Holzman of Bronx County determined that in view of these findings, an authenticated copy of the will could be admitted to probate in New York.