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…
Articles Posted in Brooklyn
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,…
Court Rules on Notice of Pendency
A Probate Lawyer said the plaintiffs, TM Inc. and Mr. D commenced this action against the defendants, Mr. and Mr. X alleging that the defendants failed to pay a real estate brokerage commission. The file reveals that after commencing this action, the plaintiffs filed with the Richmond County Clerk a…
Court Determines if Courts Prior Jury Verdict was Proper
A Probate Lawyer said that the four motions made by all of the parties to set aside the jury verdict of March 22, 2008 and to enter judgments as a matter of law pursuant to CPLR §4404(a) are denied in part and granted in part. This case arose from a…
Court Decides Summary Judgment Case
A Probate Lawyer said the defendants the City of New York and the New York City Fire Department (hereinafter, “the City”), move by notice of motion for summary judgment and dismissal of the complaint as against them. Defendant hospital cross-moves for identical relief. Plaintiff, as Administrator of the Estate of…
Mother Files Limited Letters Testamentary
A Probate Lawyer said records reflect that for reasons unbeknownst to the court at this time, the decedent, a 19 year old female, was at a Hotel located approximately one half mile from her residence, where she resided with her mother. While at the Hotel, the decedent made her way…
Court Resolves Dispute Between Two Businesses
A Probate Lawyer said the records reflect that the instant case is one wherein estate of the parties are involved for settling the dispute between them. This involves two domestic businesses located in Richmond County, owned by two persons. As a result of disagreements in their business relationship, several lawsuits…
Court Decides Outcome in Will Contest Proceeding
Page 727 145 N.Y.S.2d 727 1 Misc.2d 440 In re WELSH’S WILL. Petition of the First National City Bank of New York, successor by merger of the Peoples Trust Company, to render and settle its account as trustee of the trust created for the benefit of Howard F. Welsh by…
Objectant Seeks Order Dismissing Probate Proceeding
A New York Probate Lawyer said that, in this contested probate proceeding, petitioner seeks a declaration that the proceeding was commenced on December 8, 2005, before the commencement of a probate proceeding in Arizona. Objectant seeks an order dismissing the probate proceeding on the grounds that this court lacks subject…
Sons Battle for Right to Serve as Sole Preliminary Executor
A New York Probate Lawyer said in this probate proceeding, the decedent’s eldest son petitions for his appointment as the sole preliminary executor. The decedent’s youngest son opposes that application and cross-petitions for his appointment as the sole preliminary executor. The decedent’s only other distributee, her middle son, who is…