New York Probate Lawyers said 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…
Articles Posted in Estate Administration
Court Decides Issue Regarding Loan from Trust
Probate Lawyers said that 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 and…
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…
Court Decides Action for Partition of Real Property
Probate Lawyers said that an action for partition of real property, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated December 5, 1983, as, after a nonjury trial, declared that defendant was the owner in fee simple of the…
Widow Questions Will Construction
In rendering her account for judicial settlement, the executrix-widow has presented a number of questions for adjudication, including construction of the will. Objections were filed by the decedent’s daughter (a devisee and residuary legatee), and a report was filed by the guardian ad litem appointed to represent the daughter’s two…
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…
Court Discusses Validity of Will
A Probate Lawyer said that according to sources, both cases involved issues as to the estate. In the first case, as an incident to an account by trustees of the trust for the benefit of testator’s daughter, which terminated by her death, a construction is sought of the validity of…
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 Reviews Action to Impress a Trust on Funds Owned by Father
Probate Lawyers said that records reveal that in an action to impress a trust upon funds on deposit claimed to be the property of the father, the father moved to enjoin the his daughter, and the banks in which the moneys are deposited, from withdrawing or in any manner disposing…
Claimants Move to Dismiss Claims of Executrix
A Probate Lawyer said on the records, this is a motion by claimants to dismiss the petition by the executrix for disallowance of their claims for accounting services allegedly rendered to testator. The ground for the motion is that this court was ousted of jurisdiction to adjudicate the claims because…