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Articles Posted in Estate Administration

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Accounting Fidicuciary Seeks to Charge Remainder Interest

A New York Probate Laywer decedent Mrs. AH died in 1940. Her will admitted to probate, after minor pre-residuary dispositions, created a trust for the income benefit of her daughter M with remainder to M’s children. The trust was funded in 1946 and administered by co-trustees M, the income beneficiary…

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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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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…

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Petitioner Seeks Repayment of Trust Principal

A Probate Lawyer said the decedent Mrs. AH died in 1940. Her will admitted to probate, after minor pre-residuary dispositions, created a trust for the income benefit of her daughter M with remainder to M’s children. The trust was funded in 1946 and administered by co-trustees M, the income beneficiary…

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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 Discusses Order for Temporary Suport

Probate Lawyers said the issue before this court appears to be one of first impression. The question presented is does an order of temporary support cease if the matrimonial action abates? Stated slightly differently, may a pendente lite child support order be enforced after the underlying matrimonial action has abated…

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Court Listens to Motion to Disqualify Lawyers as Executors

Probate Lawyers said 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…

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Petition Files a Petition to Compel

New York Probate Lawyer said that 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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