This is a motion by the executrix requesting the Surrogate to fix the New York estate tax (Tax Law § 249–w). The papers allege that the executrix made a motion to fix the tax returnable on March 16, 1972. Although the State Tax Commission (Commission) was duly served, no order…
Articles Posted in Estate Administration
Courts Discuss Notice of Pendency
Upon the foregoing papers, nonparty Geneva Alston, Administrator of the Estate of Mattie Dickens, moves by way of order to show cause for an order 1) cancelling the notice of pendency filed against the subject property on May 19, 2008 by plaintiff Citimortgage, Inc, successor in interest by merger to…
Probate Court Discusses Recent Bequests of Stock
This is the first New York decision to consider the effect of the recent AT & T divestiture on a bequest of AT & T stock. This is a proceeding brought by GB, co-administratrix c.t.a., for a construction of article “SECOND” of the testatrix’s last will and testament. The testatrix…
Court Listens to Construction Proceeding Regarding Tax Returns
The executors have instituted this construction proceeding, prior to the filing of Federal and New York estate tax returns, to determine the effect of a tax exoneration clause, paragraph second and request a reformation or interpretation of paragraph eleventh, which creates a pre 1969 residuary, multiple, split-income, charitable remainder trust…
Probate Court Rules on Property Dispute
This is an application by the Public Administrator of the County of Kings for a construction of testatrix’ will and other relief. The testatrix died on December 27, 1919 leaving a will dated February 11, 1905 which was duly admitted to probate in this Court on June 18, 1920. Except…
Petitioner Appeals a Surrogate Court Decree
In a probate proceeding, the Petitioner appeals from so much of a decree of the Surrogate’s Court, Kings County dated July 1, 2004, as denied that branch of her cross motion which was for the issuance of preliminary letters testamentary to her for the estate of an immediate relative and…
Legatee Petitions to Compel Payment of a Legacy
In a probate proceeding in which legatee Mr. E, petitioned to compel the payment of a legacy, nonparty Mr. LB appeals, by permission, from so much of an order of the Surrogate’s Court, dated December 4, 2008, as disqualified his law firm, SR, P.C., and all members and associates of…
Probate Court Called Upon to Interpret Will
Mr. LM, a resident of Burlington, Vt., died in August, 1870, leaving a last will dated October 3, 1868, and a codicil thereto executed October 28, 1868, which will and codicil were admitted to probate in the state of Vermont on September 16, 1870, and letters testamentary thereon issued to…
Petitioner Files for Hearing on Final Trust Accounting
This proceeding for settlement of a final trust accounting presents a question of construction occasioned by the bankruptcy of a charitable remainderman designated by the donee of a power of appointment. The donor of the power, Mr. AK, died March 3, 1931 leaving a 1927 will which was probated in…
Plaintiff Brings an Action for Leave to Compromise an Action
In this proceeding for leave to compromise an action for wrongful death and conscious pain and suffering, the decedent was survived by his wife and two children all of whom presently reside in Ecuador. The decedent died as a result of injuries he sustained in a construction accident on June…