This is a matter involving the estate of Eugenia C. Herceg who is deceased. The petitioner is represented by the law firm of Levene, Gouldin & Thomas, with John H. Hartman for counsel. Case Background In the will of Eugenia Herceg there is a residuary clause that is dated the…
A man married a woman sometime on February 11, 1921 while they were residents of New York state. A year later, the man filed a case for annulment of his marriage in King’s County. He claimed that the woman he married falsely represented herself. He court dismissed the petition for…
The wife of a chemical engineering professor left a piece of real property which comprised a substantial portion of her estate worth around $2,800,000 to a polytechnic university. She also left the sum of $2,000,000 as a charitable endowment gift to the same polytechnic university provided that it shall be…
The Facts: On 3 March 1994, a decedent died. He was survived by his ex-wife and their four children. Under the decedent’s will dated 3 August 1988, he left his estate to the daughter (“the daughter”) of one of his sons (“son-one”). On 3 November 1994, the will was admitted…
On this contested probate proceeding, the guardian for the infant beneficiaries seeks for authorization to retain a medical expert to be paid from the assets’ proceeds. It was initiated when a man died at the age of 88 and he was survived with seven children and two grandchildren. Afterwards, a…
The Facts: On 31 May 1988, a man (the testator) executed a last will and testament in which he devised and bequeathed a life estate interest in premises located at Hopkins Avenue, County of Kings, State of New York, (Hopkins Avenue property) to defendant, including the right for her to…
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…
A man died on October 28, 2006 leaving a will dated April 27, 2006. The man’s last will nominates an attorney and a friend as executors. He was survived by his two adult children. The man’s friend renounced his appointment. The will provides that the man’s entire residuary estate shall…
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…
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,…