SELF-PROVING AFFIDAVIT
Pursuant to New York Estates, Powers and Trusts Law § 3-2.1 and Surrogate's Court Procedure Act § 1406
Affidavit in Support of the Last Will and Testament of Jonathan Robert Caldwell
STATE OF NEW YORK
COUNTY OF NEW YORK
This Self-Proving Affidavit is executed simultaneously with, and is hereby annexed to, the Last Will and Testament of Jonathan Robert Caldwell (hereinafter referred to as the "Testator"), which Last Will and Testament bears the date of execution of April 1, 2023 (hereinafter referred to as the "Will"). The Will is a pour-over will directing all probate assets of the Testator to the Jonathan Robert Caldwell Revocable Trust, which trust was originally established on October 3, 2010, and which has been amended and restated effective April 1, 2023 (the "Caldwell Revocable Trust"). The Will expressly revokes all prior wills and codicils heretofore made by the Testator, including, without limitation, the prior will of the Testator dated October 3, 2010.
This Affidavit is made for the purpose of establishing the due execution of the Will in accordance with the requirements of New York Estates, Powers and Trusts Law § 3-2.1 and is intended to be accepted by the Surrogate's Court of the State of New York, or any other court of competent jurisdiction, as proof of the valid execution of the Will, without the necessity of the testimony of the attesting witnesses at the time of probate, all in accordance with Surrogate's Court Procedure Act § 1406 and applicable law.
SECTION 1: IDENTIFICATION OF THE TESTATOR
The Testator is identified as follows:
Full Legal Name: Jonathan Robert Caldwell
Date of Birth: March 14, 1956
Residence Address: 418 East 72nd Street, Apt. 14A, New York, New York 10021
The Testator is of legal age, being sixty-seven (67) years of age at the time of execution of the Will, and is of sound mind and memory. The Testator is acting freely and voluntarily and is under no constraint, duress, fraud, menace, misrepresentation, or undue influence of any kind whatsoever. The Testator declares the instrument annexed hereto to be his Last Will and Testament, executed with full knowledge and understanding of its contents and legal consequences.
SECTION 2: IDENTIFICATION OF THE ATTESTING WITNESSES
The attesting witnesses to the execution of the Will are identified as follows:
Witness 1:
Full Name: Monica Reyes
Title: Lead Associate
Affiliation: Calderwood & Harkness LLP
Business Address: 375 Park Avenue, 42nd Floor, New York, New York 10152
Monica Reyes is over the age of eighteen (18) years and is a competent witness within the meaning of the New York Estates, Powers and Trusts Law. Monica Reyes is not a beneficiary, devisee, or legatee under the Will and has no direct or indirect financial interest in the estate of the Testator or in the provisions of the Will. Monica Reyes has no relationship to the Testator that would disqualify her as a witness under applicable law.
Witness 2:
Full Name: Elliot Nguyen
Title: Working Associate
Affiliation: Calderwood & Harkness LLP
Business Address: 375 Park Avenue, 42nd Floor, New York, New York 10152
Elliot Nguyen is over the age of eighteen (18) years and is a competent witness within the meaning of the New York Estates, Powers and Trusts Law. Elliot Nguyen is not a beneficiary, devisee, or legatee under the Will and has no direct or indirect financial interest in the estate of the Testator or in the provisions of the Will. Elliot Nguyen has no relationship to the Testator that would disqualify him as a witness under applicable law.
SECTION 3: SWORN STATEMENTS OF THE ATTESTING WITNESSES
Each of the undersigned attesting witnesses, being duly and severally sworn, deposes and states under oath as follows:
3.1 Circumstances of Execution
On the 1st day of April, 2023, the Testator, Jonathan Robert Caldwell, signed the foregoing instrument, being his Last Will and Testament, in the presence of both attesting witnesses, or, in the alternative, acknowledged his signature thereon to both attesting witnesses. The execution of the Will took place at the offices of Calderwood & Harkness LLP, located at 375 Park Avenue, 42nd Floor, New York, New York 10152. Both attesting witnesses were present together in the same room at the time the Testator signed the Will or acknowledged his signature thereon.
3.2 Publication. At the time of signing, the Testator expressly declared to both attesting witnesses that the instrument was his Last Will and Testament. This declaration constituted due publication of the Will as required under the laws of the State of New York. Following such declaration, the Testator requested each of the attesting witnesses to sign the instrument as witnesses to his execution thereof. Both attesting witnesses understood the nature and purpose of the Testator's request and agreed to serve as attesting witnesses to the Will.
3.3 Witness Attestation
Each attesting witness thereupon signed the Will as a witness in the presence of the Testator and in the presence of each other attesting witness. Both attesting witnesses were present at the same time and in the same place and witnessed the Testator's signing of the Will, or his acknowledgment of his signature thereon, as well as each other's signing of the Will as attesting witnesses. The attestation by each witness was made at the request of the Testator and was completed during the same continuous ceremony of execution. At no point during the execution ceremony was any attesting witness absent from the room in which the execution took place. Each witness signed the attestation clause set forth at the end of the Will and provided his or her name and address in the spaces designated for that purpose.
3.4 Testator's Capacity and Voluntariness
At the time of signing the Will, the Testator appeared to both attesting witnesses to be of sound mind and memory. The Testator was able to engage in coherent and rational conversation, understood the nature of the act he was performing, and demonstrated awareness of the general nature and extent of his property, the natural objects of his bounty, and the disposition he was making of his property under the Will. The Testator was not acting under duress, menace, fraud, misrepresentation, or undue influence of any person or persons whatsoever. The Testator appeared to be acting freely and voluntarily and expressed no reservations about the execution of the Will. The Testator appeared to be over the age of eighteen (18) years and otherwise competent to make a will under the laws of the State of New York. The Testator appeared to understand the nature and legal consequences of executing the Will, including, without limitation, that the Will would govern the disposition of his probate assets upon his death and that the Will revoked all prior testamentary instruments.
3.5 Number of Pages and Identification
The Will consists of fourteen (14) pages, inclusive of the attestation clause and the signature page. The Testator initialed each page of the Will in the lower right-hand corner in the presence of both attesting witnesses, and each page was thereby identified and confirmed to be part of the complete instrument. The Will was in its final, complete form at the time of execution. No blank spaces were left unfilled other than those attributable to intentional formatting, and no provisions were added, deleted, or altered after the ceremony of execution commenced. The pages of the Will were securely fastened together at the time of execution and have remained so fastened.
SECTION 4: SWORN STATEMENT OF THE TESTATOR
Jonathan Robert Caldwell, being duly sworn, deposes and states under oath as follows:
4.1 Identity and Voluntariness
I am the Testator named in the foregoing Last Will and Testament dated April 1, 2023. I signed the Will willingly, of my own free accord, and without compulsion or coercion from any person. I did not direct another person to sign the Will on my behalf; rather, I affixed my own signature to the Will. I executed the Will as my free and voluntary act for the purposes therein expressed, and I intend the Will to govern the disposition of my probate estate upon my death.
4.2 Legal Age and Capacity
I am over the age of eighteen (18) years. My date of birth is March 14, 1956, and I was sixty-seven (67) years of age at the time of the execution of the Will. I am of sound mind and memory. I am fully capable of understanding the nature and extent of my property, the persons who are the natural objects of my bounty, and the legal effect of the dispositions set forth in the Will. I am under no constraint, duress, menace, fraud, or undue influence of any kind whatsoever. I have read the Will in its entirety, I understand its contents and provisions, and the Will accurately reflects my testamentary intentions.
4.3 Request to Witnesses
I personally requested Monica Reyes and Elliot Nguyen to serve as attesting witnesses to the execution of the Will. Prior to their signing, I declared to both Monica Reyes and Elliot Nguyen, in their simultaneous presence, that the instrument was my Last Will and Testament. I requested each of them to sign the Will as witnesses, and each of them did so in my presence and in the presence of each other.
4.4 Revocation of Prior Instruments
The Will expressly revokes all prior wills and codicils heretofore made by me, including, without limitation, the prior will dated October 3, 2010. It is my intention that the Will dated April 1, 2023, shall be the sole and exclusive expression of my testamentary wishes, and that no prior testamentary instrument shall have any force or effect.
SECTION 5: NOTARIZATION / JURAT
Subscribed, sworn to, and acknowledged before me by Jonathan Robert Caldwell, the Testator, and subscribed and sworn to before me by Monica Reyes and Elliot Nguyen, the attesting witnesses, this 1st day of April, 2023.
Each of the above-named persons personally appeared before me and was identified by me on the basis of satisfactory evidence of identity, including government-issued photographic identification. Each person executed this Affidavit in my presence and swore or affirmed under oath that the statements contained herein are true and correct to the best of his or her knowledge, information, and belief.
________________________________________
Notary Public, State of New York
Printed Name: ________
Commission Number: ________
Qualified in the County of: New York
My Commission Expires: ________
[NOTARIAL SEAL / STAMP]
SECTION 6: SIGNATURE BLOCKS
6.1 Testator's Signature
________________________________________
Jonathan Robert Caldwell, Testator
Printed Name: Jonathan Robert Caldwell
Date: April 1, 2023
Address: 418 East 72nd Street, Apt. 14A
New York, New York 10021
6.2 Witness 1 Signature
________________________________________
Monica Reyes, Attesting Witness
Printed Name: Monica Reyes
Title: Lead Associate, Calderwood & Harkness LLP
Date: April 1, 2023
Address: 375 Park Avenue, 42nd Floor
New York, New York 10152
6.3 Witness 2 Signature
________________________________________
Elliot Nguyen, Attesting Witness
Printed Name: Elliot Nguyen
Title: Working Associate, Calderwood & Harkness LLP
Date: April 1, 2023
Address: 375 Park Avenue, 42nd Floor
New York, New York 10152
DOCUMENT IDENTIFICATION
Calderwood & Harkness LLP Matter No. 1034-00004 Billing Code: 78412-JRC
This Self-Proving Affidavit is to be annexed to and kept with the original Last Will and Testament of Jonathan Robert Caldwell dated April 1, 2023. This Affidavit and the Will to which it is annexed should be stored together and should not be separated. Any court or fiduciary receiving this Affidavit separate from the Will should take appropriate steps to reunite the documents.