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Articles Posted in Probate & Estate Litigation

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Defendanat Seeks Declaratory Judgment to Quiet Title

The plaintiffs have started this action seeking a declaration that they are the rightful owners of a premise. They further seek a declaration that they gained the title of the premise by an adverse possession and they permanently enjoin the defendant from evicting them from the premises. A temporary restraining…

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Court Analyzes Format of the Will

This is a case being heard in the Surrogate’s Court of Queens County. The matter involves the executor of a will who is requesting that the court construe the instrument, particularly the first paragraph in order to determine what is to be charged to the legacy that he receives under…

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Court Decides a Guardianship Issue

This is a case being heard by the Queens County Surrogate’s Court. The subject of this case involves the guardianship of three children. The mother of the children passed away in October of 1975 and the father died on the 24th of May, 1976. Case History Before the father passed…

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Appellant Brings Motion to Strike Affirmative Defense of Lack of Personal Jurisdiction

This case is taking place in the New York Supreme Court. Case Background There are a series of four motions in this particular case. The first motion in this case was originally brought on by the order to show cause in the Queens County court and then transferred to this…

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Appellant Seeks to Enforce a Stipulation of Settlement

This is a case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The matter before the court is a contested probate proceeding. The executor of the estate is appealing an order that was made in the Surrogate’s Court of Queens…

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Appellants Appeal Facts from a Previous Decree

This is a matter being heard in the Supreme Court of the State of New York, Second Division of the Appellate Court. The issue involves a probate proceeding where the contestants are appealing the facts from a decree made in the Surrogate’s Court of Nassau County. The order in question…

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