Probate Lawyers said the question presented on this record is whether the trusts created by the will of CMR, dated June 27, 1867, are valid within the law of perpetuities, or are void for remoteness. There can be no doubt that if the testatrix, at her death, was the absolute…
Articles Posted in Nassau
Court Discusses Validity of Bequest to Charity
The committee of an incompetent moves for permission to file objections to the account of the Executor of the Last Will and Testament of the incompetent’s mother and for leave to obtain a construction of her will in respect to the validity of certain provisions for charitable bequests which, in…
Parties Seek Leave to File Amended Objections in Probate Case
In this contested accounting proceeding several applications seeking pre-trial relief have been submitted. Specifically said applications are as follows: A. Application by objectants, by orders to show cause, inter alia, to amend objections and to join additional parties; and B. Application to cancel notices of pendency pursuant to Article 65…
Petitioner Brings Action for Judicial Settlement of Trustee Account
Probate Lawyers said that 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. The testator died in September 1918, leaving a will and five codicils which were admitted to probate…
Petitioner Bring Motio to Construe Joint and Mutual Will
Probate Lawyers said this is a proceeding to construe a joint and mutual will executed by decedent and his wife on March 5, 1956. The wife died on March 31, 1964 and said instrument was probated in this Court as her last will and testament. Shortly thereafter decedent was adjudicated…
Court Rules on Proceeding to Settle Executors Account
Sources show that this is a proceeding to settle the executor’s account of a Trust Company. Objections have been filed on behalf of the deceased to the said accounting. The objectant claims title to one-third (1/3) of all property received by the executor as set forth in the account, or,…
Plaintiff Seeks to Increase Damage Amount
Probate Lawyers said the defendants appeal from an order of the Supreme Court, Richmond County, which granted the plaintiff’s motion to remove the case from the Civil Court of the City of New York to the Supreme Court, Richmond County, to amend the complaint to set forth a cause of…
Court Decides Case Reqarding Distribution of Retirement Funds
An Executrix in a purported will dated June 29, 1964, has petitioned for its probate. Decedent’s brother has filed objections. The other eight distributees have appeared in the proceeding but have not filed objections. A Probate lawyer said that subsequent to probate proceeding, all nine distributees, as plaintiffs, commenced an…
Court Decides Motion to Vacate Will
A New York Probate Lawyer this is a proceeding where JPM Bank (JPM), co-executor, moved pursuant to CPLR §5015(a)(2) to vacate the decree admitting to probate the decedent’s will dated 24 June 2005 (2005 Will) due to newly discovered evidence. Several charities, the residuary legatees under a prior instrument that…
Second Wife Opposes Preliminary Letters Testamentary
A New York Probate Lawyer said a man died leaving a purported will dated March 20, 2009. He was survived by his wife from a second marriage and by five children, one of whom is under a disability. A guardian ad litem was appointed for the disabled child. The purported…