In this proceeding for the settlement of the intermediate account of the executors the petition prays construction of provisions of the will which have created nine separate and distinct questions involving its interpretation. A New York Probate Lawyer said that in Paragraph Third of her will, the testatrix made twenty-seven…
Articles Posted in Estate Administration
Petitioners Assert Fraud and Undue Influence Regarding Construction of Will
There is offered for probate as decedent’s last will and testament an instrument in his own hand in the following text: “This is my will if I should die on this my trip to India You are my sol heiress.” A New York Probate Lawyer said that the objections to…
Court Rules on Accounting Proceeding
A New York Probate Lawyer said this is an accounting proceeding in which the court is asked to determine whether assets of the estate located in New York should be distributed directly to legatees or whether they should be transmitted to the California administrator for distribution there. A New York…
The issue in this case is whether the restrictive provision that was placed in the probate decree should be removed.
A New York Probate Lawyer said that, the decree admitting this testator’s will to probate restrained the executor from paying or satisfying any legacy or distributive share until further order of the Surrogate. The executor now moves to have such restriction removed. The facts essential to a decision are not…
Court Decides Issue of Jurisdiction Between U.S. and British Honduras
A New York Probate Lawyer said that, the Government of British Honduras, appearing specially, petitioned this court for permission to appear specially in the contested probate proceeding for the purpose of taking appropriate steps to assert its rights in that proceeding. It alleges that the decedent was domiciled in British…
Court Looks at Validity of Will Pursuant to Sec. 22a of Decedent Estate Law
A New York Probate Lawyer said that, the decedent, a resident of this county, died in Great Barrington, Massachusetts on July 27, 1959. An instrument executed by her in Massachusetts has been submitted for probate. The facts regarding its execution are undisputed. The instrument was written, upon instructions of the…
Court Decides if Widow Can Seek and Order Under Sec 20 of Surrogates Court Act
A New York Probate Lawyer said that, the petitioner, asserting a status as the widow of the deceased, seeks an order under section 20 of the Surrogate’s Court Act re-opening the decree admitting the will to probate. In support of her application she relies upon the omission of the respondent…
Petitioner Seeks Summary Judgment on Turnover Petition
A New York Probate Lawyer said that, the administrator of the estate of the decedent, and petitioner in a turnover proceeding against respondent Companies, and law firm counsel to the Public Administrator of the County of New York, now seeks summary judgment and treble damages. Respondent cross-moves for summary judgment,…
Plaintiff Claims In Rem Proceeding was Defective Due to Proceedural Errors
A Probate Lawyer said this case involves a poor estate administration. Plaintiff sues to foreclose a mortgage on certain property because of defaults in the payment of installments of interest by the mortgagor, XYZ Corp. The City of New York, as a party defendant, claims unencumbered title to the subject…
Wrongful Death Damages are Limited by Estates Powers and Trusts Law
An Probate Lawyer said by appeal by the plaintiffs in an action to recover damages for conscious pain and suffering and wrongful death, from so much of an order of the Supreme Court, entered October 6, 2000, in Richmond County, as (1) granted that branch of the defendants’ motion which…