This is a motion filed by the executrix requesting the Surrogate to fix the New York estate tax – Tax Law § 249–w. The executrix made a motion to fix the tax returnable on 16 March 1972. While the State Tax Commission was duly served, no order fixing the tax…
Articles Posted in Probate & Estate Litigation
Matter of Hickey
NY Slip OP 05895-August 25, 2016 The decedent died on July 14, 2016, without a plan for what would happen to his law office in the event of his passing. The local bar association, Tompkins County Bar Association(TCBA) moved for an Order to appoint a lawyer as a custodian of…
Petitioner Seeks to Compel Production of Wills
In these two proceedings to compel the production of the wills of the testator, ask the court to seal the documents which have been produced by the respondent. By petitions dated July 25, 2008, petitioners sought to compel the New York City Police Department (NYPD) to produce documents in their…
Court Discusses Language Used in Will and Codicil
A Probate Lawyer said that, this is a proceeding for the probate of the will of the deceased. From a decree of the Appellate Division, affirming a decree of the Surrogate’s Court admitting the will and a codicil thereto to probate and construing the provisions thereof, and others appeal. Judgment…
Plaintiff Moves for a Summary Judgment in Lieu of Complaint for Payment
Plaintiff moves pursuant to CPLR § 3213 for an Order granting summary judgment in lieu of complaint for payment allegedly owed on a promissory note. “Defendants” or “the Estate”, as executors of the Estate of the decedent cross-move for summary judgment dismissing this proceeding pursuant to § 1810 of…
Executrix of Estate Brings Suit for Wrongful Death
In an action to recover damages for personal injuries and for wrongful death, the defendant (hereinafter Standard) appeals from so much of an order of the Supreme Court, Kings County, dated December 16, 1985, as, inter alia, denied its cross motion to dismiss the complaint as against it. The…
Legatee Petitions Court to Compel Payment of Legacy
In a probate proceeding in which legatee petitioned pursuant to SCPA to compel the payment of a legacy, nonparty appeals, by permission, from so much of an order of the Surrogate’s Court, Kings County, dated December 4, 2008, as, sua sponte, disqualified his law firm, and all members and…
Petitioner Claims She is Entitled to Decedent’s Net Estate and Letters Testamentary
In this probate proceeding petitioner claims that under the terms of the propounded instrument she is entitled to decedent’s net estate and to letters testamentary. The respondents have appeared and filed their consent to probate the instrument, but dispute petitioner’s claim. A construction is requested to determine whether the provisions…
Objectant Pro Se Moves for Order Granting Trial By Jury
In this contested probate proceeding, objectant pro se, moves for an order granting her a trial by jury. The proceeding was commenced by petitioner on December 15, 2005. Respondent filed objections to probate on August 3, 2006.The decedent died testate on October 24, 2005. Petitioner is decedent’s sister; she is…
Court Looks at Will Construction Issue
In this probate proceeding both the petitioner and the respondents ask that the propounded holographic instrument be admitted to probate but differ sharply as to construction of the will. The text of the provisions of the will reads: ‘First, after my lawful debts are paid, I give to my wife…