The order of the Appellate Term of the Supreme Court which reversed a judgment of the New York County Civil Court in tenant’s favor was unanimously reversed, on the law and the facts, without costs, and the landlord’s petition is dismissed. A New York Probate Lawyer said the evidence presented…
Articles Posted in Probate & Estate Litigation
Court Determines How Residuary Bequest Shall Be Made
Two probate proceedings were brought before the court for resolution. A New York Probate Lawyer said in the first case, the Court was required to determine the manner in which payment of the residuary bequest shall be made. As provided for under the will’s eleventh article, the residuary estate was…
Court Decides Suit Regarding Family Trust
The document sued upon is a Family Trust. On 19 May 1999, a Family Trust, a revocable inter vivos trust, was created. It is a 29-page document with nine articles. A, the settlor, is the mother of plaintiff and defendant. A, and her husband, B, are the co-trustees. A New…
Executor of Will Sued
In a probate proceeding, the petitioner woman appeals from an order of the Surrogate’s Court dated October 16, 2007, as, after a hearing, granted those branches of the motion of the opponent man, which were to disqualify the petitioner from serving as executor for the estate of a woman and…
Court Decides Property Dispute Among Family Members
The Facts of the Case: On 18 October 2007, a decedent died and is survived by his daughter-one and his granddaughters, A and B, the children of predeceased daughter-two, as his sole distributes. The decedent’s wife had predeceased him in September 2003. After the death of the decedent, the petitioner…
Court Decides Reasonable Attorneys Fees for Estate Administration
The Facts of the Case: On 22 February 2004, a resident of Hicksville died with a will dated 6 November 2002, months after a guardian was appointed on her behalf under Mental Health Law Article 81. The decedent left all of her property, other than a $15,000.00 bequest to a…
Petitioners Seek to Revoke Probate Petition
The Facts of the Case: On 26 October 2000, a decedent died with a Last Will and Testament dated 23 March 1995. Under the will, the decedent left her estate to her two sisters, A and B, or the survivor; named A as executor and B as successor. A predeceased…
Court Decides Appropriate Legal Fees in Estate Litigation Case
The Facts of the Case: On 2 October 2005, a resident of Sands Point died with a will dated 6 June 1996. He is survived by his wife, his children, A, B and C, and his granddaughter, X, the infant daughter of a predeceased son, D. On 21 September 2006,…
Probate Court Discusses Hold Over Proceedings
In a court proceeding, a complainant filed a motion to stay pending the determination of an appeal from an order of the civil court. Upon the papers filed in support of the motion and the papers filed in opposition, the court consequently ordered that the motion is granted on condition…
Petitioner Questions Validity of Will
In a will contest probate proceeding, the appellant woman appeals from a decree of the Surrogate’s Court which as granted the motion of the petitioner, Public Administrator of Kings County, for summary judgment dismissing her objections to admit the deceased person’s will dated September 30, 1977, admitted the will to…