The executors have instituted this construction proceeding, prior to the filing of Federal and New York estate tax returns, to determine the effect of a tax exoneration clause, paragraph second and request a reformation or interpretation of paragraph eleventh, which creates a pre1969 residuary, multiple, split-income, charitable remainder trust so…
Articles Posted in Estate Administration
Court Discusses Residuary Clause of Will
This is a proceeding to construe and reform Article III, the residuary clause, of the last will and testament of the decedent so as to enable the estate to qualify for an unlimited New York estate tax marital deduction. While an application to reform a will to enable the…
Plaintiff Moves for a Summary Judgment in Lieu of Complaint for Payment
Plaintiff moves pursuant to CPLR § 3213 for an Order granting summary judgment in lieu of complaint for payment allegedly owed on a promissory note. “Defendants” or “the Estate”, as executors of the Estate of the decedent cross-move for summary judgment dismissing this proceeding pursuant to § 1810 of…
Sister Petitions for Allowance of a Claim Against the State
In this proceeding the sister of the decedent individually and as administratrix with the will annexed of the estate of the deceased, for the allowance of a claim against the estate of deceased husband of which respondent is executor. Judgment of the Special Term allowing the claim in part,…
Court Discusses Jurisdiction Issue
In a proceeding to probate the last will and testament of the decedent respondent appeals (1) from an order of the Surrogate’s Court, Kings County, dated October 14, 1992, which (a) denied her motion, inter alia, to declare that the decedent was domiciled in Florida at the time of…
Plaintiff Seeks to Recover Damages for Breach of Contract
In an action, inter alia, to recover damages for breach of contract, which was commenced in the Supreme Court, New York County, transferred to the Surrogate’s Court, Kings County, and joined with a probate proceeding the defendants appeal, as limited by their brief, from so much of a decree of…
Plaintiff Brings Case to Determine Disposition of Real Property
In a probate proceeding in which an action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, for ejectment, and for injunctive relief was transferred from the Supreme Court, Kings County, to the Surrogate’s Court, Kings County, the defendants appeal, as limited by…
Court Decides Case Regarding Interpretation of Will
This is an application by the Public Administrator of the County of Kings for a construction of testatrix’ will and other relief. Testatrix died on December 27, 1919 leaving a will dated February 11, 1905 which was duly admitted to probate in this Court on June 18, 1920. Except…
Trustee Brings Action for Judicial Settlement of Account
The decedent died on December 31, 1915. His will, made on October 20, 1915, was admitted to probate on March 31, 1916. The Kings County Trust Company was granted letters testamentary on March 31, 1916 and letters of trusteeship on October 24, 1934. By the ninth paragraph of the…
Court Decides Case Regarding Preliminary Letters Testamentary
In a probate proceeding, the petitioner, appeals from so much of a decree of the Surrogate’s Court, Kings County, dated July 1, 2004, as denied that branch of her cross motion which was for the issuance of preliminary letters testamentary to her for the estate of the decedent and…