New York Probate Lawyer said in this uncontested administratrix’s accounting proceeding, a stipulation has been submitted to the court for its approval and incorporation into the provisions of an intermediate accounting decree. The decedent died, testate, on the 17th day of March, 1980, survived by a spouse and an infant…
Articles Posted in Bronx
Petitioner Files an Application for an Order Extending the Statute of Limitations
New York Probate Lawyers said this is an application for an Order extending the statute of limitations to allow the petitioner to commence an Article 78 proceeding against the State Tax Commission (Commission). The Audit Division of the Commission, on December 20, 1979, issued a Notice of Determination and Demand…
Petitioner Seeks Clarity on Disposition of Property
A New York Probate Lawyer said that in this proceeding the executors seek a determination as to the validity and effect of the disposition of property described in testator’s will and authorization to sell the real property of which testator died seized. Testator’s will dated April 18, 1956 was admitted…
Are Inter Vivos Dispositions to the Widow Properly Includible in Decedent’s Estate
A Probate Lawyer said that, this is a proceeding by the executors pursuant to SCPA 1421 to determine the validity and effect of an election by the decedent’s surviving spouse. The decedent executed a will on February 25, 1965 which has been admitted to probate in this court. The decedent…
Court Decides Testator’s Widow has Right to Take Interstate Share
Probate Lawyers said this is an incident to the judicial settlement of their account the executors seek a determination with respect to the validity of the trust created by testator under paragraph ‘Second’ of the will and the effect of the widow’s notice of election thereon. Said paragraph is the…
Widow Makes Motion to Disqualify Attorneys
The widow of the testator has made this motion to disqualify the attorneys for the executors and their counsel, to restrain them from participating in the affairs of the estate and from continuing to appear for the executors in matters affecting the estate, and to require said attorneys and their…
Brothers Enter into Property Dispute
A Probate Lawyer said in an action for partition of real property, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated December 5, 1983, as, after a nonjury trial, declared that defendant was the owner in fee simple of…
Widow Questions Will Construction
In rendering her account for judicial settlement, the executrix-widow has presented a number of questions for adjudication, including construction of the will. Objections were filed by the decedent’s daughter (a devisee and residuary legatee), and a report was filed by the guardian ad litem appointed to represent the daughter’s two…
Court Determines the Validity of a Notice of Election
Probate Lawyers show that the instant proceeding was commenced by the executors pursuant to section 145-a of the Surrogate’s Court Act to determine the validity and effect of the widow’s notice of election served and filed pursuant to section 18 of the Decedent Estate Law. However, after commencement of the…
Court Decides Settles Plaintiff’s Final Accounting
A Probate Lawyer said that incidental to this proceeding to judicially settle decedent’s final account, covering the period from December 1, 1984 to July 31, 1999, is a plea for construction of paragraphs Fifth and Sixth of his will. National Bank (petitioner), the successor executor and trustee under the will,…