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Articles Posted in Estate Administration

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Objectants Submit Order to Show Cause and Cancel Notice of Pendency

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…

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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…

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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…

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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 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…

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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…

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