Two men were business partners. In 1925, one partner filed a suit to compel his business partner to account for the properties of the partnership in his keeping. The partner who sued contended that his business partner diverted the profits of their business. While the suit for accounting was pending,…
Articles Posted in Nassau
Petitioners Request Letters of Administration
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.…
Court Rules That Trust Acted as a Substitute Will
A man created a living trust. A living trust is one where all the man’s assets are put in a trust with a bank or trust company and the income earned by his assets will be paid out to the man himself. The problem with this living trust the man…
Probate Court Discusses Cy Pres Doctrine
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…
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 Dismisses Appeal on Proceedural Grounds
The plaintiffs and appellants in this case are Leslie Lerman and Lois Lerman. Summerhill Estates, Inc, Adam C. Robinson, Marleen L. Robinson, Allen M. Robinson, and Michele A. Keagle are the defendants of the case. Cayuga County is the defendant and respondent in the case. A New York Probate Lawyer…
Children of Famous Artist Seek Restitution
This case is in regards to the estate of Mark Rothko. Kate Rothko and Christopher Rothko are petitioners, while charitable beneficiaries are also cross-petitioners. The respondents are Bernard J. Reis, Theodoros Stamos, Morton Levine, Marlborough Gallery, Inc., Marlborough A.G., and Francis K. Lloyd. The Mark Rothko Foundation, Inc. was listed…
Court Discusses Anticipatory Subrogation
Estates 7 The Hudson Insurance Company is the plaintiff and AK Construction Co. LLC., Panasia Estates INC., and Hement Mehta are the defendants. The Case A New York Probate Lawyer said that in this action, the plaintiff is seeking a declaratory judgment related to property damage, while the defendants move…
Court Hears Real Property Case
In this case, the Bay Street Landing Home Owners Association is the Plaintiff, while the defendants include PDR Bay Street/St. George, LLC, Philip Ressa and Estates at Bay Street Landing, LLC. History A New York Probate Lawyer asked the plaintiff asked for a summary judgement for $300000 and interest. The…
Court Dicusses Validity of Joint Will in Light of Recent Divorce Proceeding
A couple executed a Joint Will that will make whoever is the survivor among them as the one to be given the entire property whether own individually or several and be the executor of the irrevocable Joint Will. The Joint Will further provided that whatever remained after the death of…