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Articles Posted in Westchester County

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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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Court Hears Motion to Substitute Executor for Will

A Probate Lawyer said this is a motion to substitute the executor of the Last Will and Testament of the deceased as plaintiff herein and to permit the said Executrix upon substitution to serve an amended complaint to include therein an action for wrongful death; and to serve an amended…

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Petitioner Filed Claim to Determine the Validity of a Deed

A New York Probate Lawyer said, in a probate proceeding in which the executor petitioned to determine the validity of a deed executed by the decedent LH, the appeal is from an order of the Surrogate’s Court, Kings County, dated May 11, 2007, which granted the petition to the extent…

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Court Appoints Temporary Administrator in Probate Proceeding

A Probate Lawyer said the plaintiffs motion pursuant to CPLR § 1015 seeking to substitute the law firm of K&K as temporary Administrator for the Estate of Mrs. C is denied. Instead the Public Administrator of Richmond County is hereby appointed as the Temporary Administrator of the Estate of Mrs.…

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Court Decides if Plaintiff has Standing to Bring Case

An Probate Lawyer said that the records reflect that a mortgagor executed a note and mortgage in favor of a company. in the principal amount of $167,475.00, secured by the premises located in New York. As alleged in the affidavit, the Vice President of Loan Documentation of the mortgagee’s Bank,…

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Court Decides Case Involving Probate and Bankruptcy Proceedings

A Probate Lawyer said in this Estate action, the defendant moves to dismiss the plaintiff’s complaint or in the alternative an order staying the action as against him. The co-defendant cross-moves to dismiss the plaintiff’s complaint or in the alternative an order staying the action against her. The co-defendants cross-…

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Defense Counsel Moves for Change of Venue in Wrongful Death Action

Records reflect that for reasons unbeknownst to the court at this time, the decedent, a 19 year old female, was at a Hotel located approximately one half mile from her residence, where she resided with her mother. While at the Hotel, the decedent made her way to the roof of…

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