A woman resident died on February 15, 2009, leaving a last will and testament dated June 28, 2007. She was survived by 19 statutory heirs, including four siblings and the 15 children of four predeceased siblings. The last will and testament leaves all of the woman’s property in three equal…
The Facts: On 13 April 1968, a woman (hereinafter The Decedent) died leaving a will. The petitioner, a Child Care Society (hereinafter Child Care Society), seeks to modify the decedent’s will to designate a Residence for Boys (hereinafter Residence for Boys) as a beneficiary of a testamentary trust (hereinafter Testamentary…
A petition for probate was filed. A contestant came forward in the probate proceeding contesting the due execution of the will and contesting as well the testamentary capacity of the testator. The contestant in his objection made general allegations of fraud and undue influence against the proponent of the will.…
A citizen of the United States and resident of Kings County had lived most of his life in Kings County and has acquired properties and interests there. However, in the last years of his life he has lived in Casablanca in the Northern African French Protectorate of Morocco. The Surrogate’s…
A woman died in October 1951. She executed a last will and testament nine years earlier in 1942. This will was submitted for probate and was admitted into probate in St. Lawrence County. The legatees of a more recent will allegedly executed by the woman in June 1951 four months…
A woman died on October 26, 2000. The alleged last will and testament was executed on March 23, 1995. Under the last will and testament, the woman left her estate to her two sisters, or the survivor. She named her elder sister as executor and the younger sister as successor.…
In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…
The Facts: On 1 November 1995, a doctor (“the doctor”) died. On 8 July 1996, his will was admitted to probate (for estate administration or estate litigation). Under the will, the doctor bequeathed $3,500,000 to a hospital (“the Hospital”), to be held as the Endowment Fund in perpetuity, with the…
In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…
A man died at age 84 and he is a resident of Westchester County. The man’s sole heir is his 15-year-old granddaughter who is the daughter of his estranged son who predeceased the man in 2004. A New York Probate Lawyer said the man was also survived by 10 nieces…