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Articles Posted in Westchester County

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Petitioner Alleges Undue Influence Regarding Will Execution

A New York Probate Lawyer said that, in this contested probate proceeding, the proponent, the daughter of the decedent, moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the objections and admitting the propounded instrument dated June 25, 2007 to probate. The objectant, who is the son…

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Court Discusses Case Involving In Terrorem Clause

A New York Probate Lawyer said a petition for the probate of an instrument dated 11 March 2008 was filed by the nominated executor before the court along with the recovery of property alleged to be an asset of the estate pursuant to SCPA 2103. A New York Will Lawyer…

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Court Discusses Case Regarding CPLR 3101 (a)(4)

A New York Estate Lawyer said that, in this probate proceeding the contestants move pursuant to CPLR 3101(a)(4) for an order to examine on oral questions non-parties and to direct them to produce certain books and records relating to the decedent. The non-parties are the Nassau County Police Department and…

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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…

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Decedent’s Widow Seeks to Revoke Preliminary Letters Testimentary

A New York Probate Lawyer said that, in the pending probate proceeding, the decedent’s widow has sought to revoke the preliminary letters testamentary issued to the decedent’s sisters, the nominated executrices under the will, and to disqualify the sisters from appointment as executrices. The sisters have questioned the status of…

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Court Rules on Will Construction

In this Estate Litigation case, the executor of the decedent’s estate has instituted this proceeding for construction of the decedent’s will. A New York Probate Lawyer said that the testator, a resident of Paris, France, albeit a citizen of the United States died in March 1966. The value of his…

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Counsel Tries to Withdraw from Guardianship Proceeding

A New York Probate Lawyer said that, this motion to withdraw as counsel raises serious and important issues about the obligations of the court and of counsel when it appears that a client who is a defendant in a civil action lacks capacity to assist or participate in the defense…

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