In this case the Surrogate’s Court had to determine whether to probate a carbon copy of a will where the original was purported inadvertently lost or destroyed. According to the two witnesses, the decedent, L. Levinsohn, executed a will on or about February 27, 1948. They testified that all legal…
In this case the Surrogate’s Court considered whether certain language in a will is a mandatory condition of a beneficiary’s receiving a bequest or is merely precatory language. In her will, decedent Moore left her residuary estate to a beneficiary who was a resident of Poland. The language of the…
In this estate case, petitioner appealed an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 10, 1981, as denied his motion for summary judgment and thereupon dismissed a writ of habeas corpus. By order dated July 25, 1983, this court remitted the matter to the…
The issue before the Surrogate’s Court is whether a testator properly revoked a prior will. As long as he (or she) is not mentally incapacitated, a testator has the right to revoke a will at any time. Under New York EPTL § 3-4.1, there are 3 ways to revoke a…
The unique issue before the court is whether service of process upon the Public Administrator is sufficient to confer personal jurisdiction over an estate: (a) which petitioner claims is worth less than $10,000, (b) where no probate proceeding has been initiated and (c) where no letters of administration have been…
In this case the court must determine whether an objectant to probating a will has standing to do so. Under New York law, only those with an interest in the proceeding have the legal right to file an objection. The decedent, Potenza, died on August 8, 1956. She was survived…
This is an appeal brought before the Supreme Court, Appellate Division, Second Department, Kings County. The issue here is (1) whether a power of attorney which conferred limited realty management powers upon JSF was one “relating to an interest in a decedent’s estate” and was therefore ineffective under EPTL 13-2.3…
Decedent M. Bach executed a will in 1977 that named as beneficiaries her two sisters who were living at the time, and the surviving son of a third sister, Haber. The will also provided that if either of the sisters predeceased her, then her share would go to Metzger, the…
This is a proceeding for the probate of the will of the deceased. The will was propounded by testator’s widow, and contested by and others, children of testator. From a decree of the supreme court, general term, (15 N. Y. Supp. 601,) reversing a decree of the surrogate’s court, Kings…
In an action to recover damages for medical malpractice and lack of informed consent, etc., in which the defendant SSS Medical Center commenced a third-party action against KC, as successor executor of the estate of Mr. RR, KC appeals from an order of the Supreme Court, dated May 1, 2009,…