The contestant has made application to the Court for an order vacating and setting aside the proponent’s demand for a bill of particulars, or in the alternative, modifying said demand, and for such other, further and different relief as to the Court may seem necessary and proper. The proponent’s demand…
Articles Posted in Queens
Court Discusses Powers of a Surrogate
This case was brought before the Court of Appeals of New York. The issue here is the power of the surrogate to require an administrator’s bond in double the value of the personal estate in this state of JDP, who at the time of his death was a resident of…
Petitioner Files for Custody of Child
This is a proceeding for the custody of minors under Article 6 of the Family Court Act brought before the Family Court of Kings County. The petitioner is the natural mother of a child born in 1976 in Brooklyn. The respondent is the child’s paternal grandmother who was appointed in…
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…
Court Decides Material Provisions of a Will Regarding Real Property
The testator left him surviving his widow, three sons, and one daughter, who were his sole heirs at law and next of kin. One of the sons, died June 29, 1900, leaving him surviving three children, one of whom is the plaintiff in this action; the widow, died September…
Petitioner Asks for Interpretation of Residuary Clause
The residuary clause of the will of the decedent dated December 2, 1999, which was admitted to probate on August 16, 2001, reads as follows: “All the rest, residue and remainder of the property which I may own at the time of my death, real and personal, and whosesoever the…
Petitioner Claims She is Entitled to Decedent’s Net Estate and Letters Testamentary
In this probate proceeding petitioner claims that under the terms of the propounded instrument she is entitled to decedent’s net estate and to letters testamentary. The respondents have appeared and filed their consent to probate the instrument, but dispute petitioner’s claim. A construction is requested to determine whether the provisions…
Court Decides Issue Regarding an Appeal Technicality
This is an appeal from Supreme Court, general term, second department. Proceedings for the probate of the will of the deceased. The will was propounded by testator’s widow, and contested by respondents and others, children of testator. From a decree of the supreme court, general term, (15 N. Y. Supp.…
Court Decides if Heir Left Out of Will was Intentional
In this probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute (EPTL 5-3.2) determined. In a prior decision (Dec. No. 80, Feb. 7, 2008), the court ruled that any question regarding a party’s status in a probate proceeding should…
Petitioner Seeks Final Judicial Settlement of Accounts
The petitioner seeks a final judicial settlement of its accounts as Executor under the last Will and Testament of the deceased. As a part of the judicial settlement, petitioner requests this Surrogate’s Court to direct by appropriate order that future payments of support to decedent’s surviving first wife be made…