A New York Probate Lawyer said in this Probate action, an Order and decree (one paper), Surrogate’s Court, New York County, entered on or about May 22, 1995, which removed the preliminary coexecutors, and appointed as temporary administrators, affirmed, without costs. A Kings County Probate attorney said that the Surrogate’s…
Articles Posted in Estate Administration
petitioner Claims Statute of Limitation Defense is not Valid
A New York Probate Lawyer said the decedent died on May 1, 2004, leaving a will which was admitted to probate on July 7, 2004. The decedent was survived by his four children. The will makes pre-residuary cash bequests of $45,000.00 to each of ghem. The will further provides that…
Court Hears Proceeding to Settle an Intermediate Account
A New York Probate Lawyer said in this proceeding to settle an intermediate account of a bank as trustee of two trusts, the appeals are from two decrees of the Surrogate’s Court, Kings County, entered October 27, 1972 and July 30, 1973, respectively. The trustee appeals from so much of…
Court Decides Outcome in Will Contest Proceeding
Page 727 145 N.Y.S.2d 727 1 Misc.2d 440 In re WELSH’S WILL. Petition of the First National City Bank of New York, successor by merger of the Peoples Trust Company, to render and settle its account as trustee of the trust created for the benefit of Howard F. Welsh by…
Court Settles Who is “Next of Kin” in Probate Proceeding
Decedent died in 1949 leaving a will which he had executed in 1919, some 30 years before his death which was duly admitted to probate. A New York Probate Lawyer said in Article THIRD, the will created a trust for the life income benefit of testator’s wife. Upon her death,…
court Decides Who Should Receive Life Insurance Proceeds with Reciprocal Will Issue
A New York Probate Lawyer said that decedents were husband and wife, presumably died simultaneously in a fire in their home on December 13, 1959. Decedents left reciprocal wills which were duly admitted to probate in Wayne County on January 15, 1960. On that day Letters Testamentary on their wills,…
Petitioners Request Settlement of Their Account as Surviving Trustees
New York Probate Lawyers said this is a proceeding by the petitioners, and a Bank, for the judicial settlement of their account as surviving trustees of an express trust created by the father in a letter writing dated March 10, 1902, and for the construction of the trust instrument in…
Validity of Italian Wedding in Question in Estate Administration Proceeding
A New York Probate Lawyer said that the petition in this probate proceeding describes the respondent, as decedent’s ‘alleged widow’. The latter claims that she married decedent by proxy in a civil ceremony performed in San Mauro La Bruca, Province of Salerno, Republic of Italy, on October 26, 1950, in…
Objectant Seeks Order Dismissing Probate Proceeding
A New York Probate Lawyer said that, in this contested probate proceeding, petitioner seeks a declaration that the proceeding was commenced on December 8, 2005, before the commencement of a probate proceeding in Arizona. Objectant seeks an order dismissing the probate proceeding on the grounds that this court lacks subject…
Court Rules on Holdover Proceeding
A New York Probate Lawyer said this is a probate proceeding where the decedent’s son, who is the sole distributee and the sole income beneficiary of a testamentary trust consisting of the entire residuary estate, seeks to revoke his waiver and consent to probate so that he may conduct SCPA…