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Articles Posted in Manhattan

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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…

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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…

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Appellant Files Motion to Compel Petition for Respondent to Account

New York Probate Lawyers said an RF died intestate in December, 1947 and letters of administration were issued to his widow, the respondent, in the same month. In September, 1948 respondent filed an income tax return for 1947 on behalf of the decedent. During the return’s audit, respondent executed three…

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Petitioner Brings Action for Settlement of Trustee’s Account

In this action for a judicial settlement of a trustee’s account and for a construction of the will and codicils of the testator, the trustee moves for summary judgment. Probate Lawyers said the testator died in September 1918, leaving a will and five codicils which were admitted to probate in…

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Court Hears Case Moving for Specific Performance of Contract to Purchase Land

Probate Lawyers said the action by Y against BN for specific performance of a contract to purchase real property. Defendant obtained judgment, which was affirmed by the general term. Plaintiff appeals. Affirmed. This action was brought to compel the specific performance of a contract to purchases land. The defense was…

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Court Deals with Conflicting Interpretation of a Will

A Probate Court said records reflect that this construction proceeding raises questions in respect of the validity of a trust under decedent’s will and the distribution of its remainder. The decedent died survived by his widow and six children. The will was admitted to probate and Letters testamentary and letters…

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Court Hears Claim Brought by State Department of Mental Hygiene

Probate Lawyers said that this issue is a frequently recurring problem in the Surrogate’s Courts, that of claims against estates or beneficiaries of estates by the State Department of Mental Hygiene. Testator M died August 9, 1975 leaving his widow S as his sole distributee. His will executed in 1968…

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