The Facts: On 17 October 1967, a husband and a wife (“wife-one”) executed a joint will. On 27 September 1971, the wife died and the joint will, insofar as her estate was concerned, was admitted to probate in Kings County (for estate administration; estate litigation). At the time of her…
Articles Posted in Long Island
Court Determines Subject Matter Jurisdiction
The Facts: Sometime in 1936, plaintiff and his wife (the deceased), residents of Kings County, entered into an agreement to execute mutual reciprocal and irrevocable wills which neither of the parties was to alter, cancel or revoke without the written consent of the other. The wills were accordingly executed. In…
Court Decides Jurisdiction Issue
In an action to recover damages for medical malpractice and lack of informed consent, in which the accused Medical Center commenced a third-party action against the woman as successor executor of the estate of her husband. The woman appeals from an order of the Supreme Court which denied her motion…
Petitioner Requests a Contingent Executor
The Facts: On 13 October 2006, a decedent died without a spouse or children and leaving a will dated 5 September 1986. Under the will, in the event that one of the decedent’s brothers (“the brother”), who is the nominated executor, and the decedent’s nephew, the first named contingent executor,…
Petitioner Seeks to Remove Fiduciary
This is a probate case regarding the last will and testament of Edith A. Johansen. The case is being held in the Surrogate’s Court of the State of New York in the county of Nassau. Application This case is a request for application for preliminary letters testamentary. A New York…
Court Decides if Public Administrator Can Serve
The case is a matter of judicial settlement regarding the proceedings of Ellis T. Terry, who is the administrator of the credits, chattels, and goods that belonged to Christian Krabbe, who is the deceased. The case is being heard in the Surrogates Court of Suffolk County. Proceeding This proceeding involves…
Defenant Appeals Jury Verdict
In this case, Scott H. See Jr. is the appellant. Baltic Estates, Inc. are the respondents. History A New York Probate Lawyer said this case involves the recovery of damages for personal injuries. There was another action that was tied to this one, but the two were eventually consolidated. With…
Court Rules on Breach of Contract
The plaintiff in the case is Island Estates Management, while the defendant is MBA-Manorhaven, LLC. History A New York Probate Lawyer said the plaintiff had an agreement to buy a property from the defendant, based on a contract signed in December of 1998. A deposit of $350000 was placed to…
Court Decides Legality of Real Estate Contract
In this case, David Preminger is the plaintiff. The Jamaica Estates Holding Corporation is the defendant-appellant. Mark Labib et al. are third party plaintiffs-respondents. The Jamaica Estates Holding Corporation et al. are third party defendant-appellants, while Schrier Fiscella and Sussman, LLC is another third-party defendant. History On May 16th of…
Court Decides Validity of German vs. U.S. Will
In 1924, a woman died a resident of New York County leaving a will which was validated in New York County. In her will, she created a trust, the income of which was to go to her brother for life, the remainder to his next of kin, subject, however, to…