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Articles Posted in Probate & Estate Litigation

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Court Looks at Restrictive Covenant

This action involves a case where the court considered that defendant violated a certain restrictive covenant claimed by plaintiffs to affect the lots or parcels of land within an area located in the Borough of Brooklyn. In the year 1893, deceased died testate seized of said real property. His will…

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Court Looks at Construction of Will

This involves a case where the court uphold the principle that the intention of the testatrix is of paramount importance which must be respected after it has been presented and admitted to probate. If the executrix intends to dispose the subject property in the will, the court suggested that she…

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Court Looks at Intention Underlying Will Documents

The Facts: On 27 December 1919, a testatrix died leaving a will dated 11 February 1905 which was duly admitted to probate on 18 June 1920. Except for the printed portions of the form used, the instrument was entirely written by pen and ink. After providing for the payment of…

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Court Looks at Disposition of Decedent’s Gifts

The Facts of the Case: On 19 December 1947, a woman died. She was a resident of the Village of Millbrook, Dutchess County, New York. On 18 February 1948, her last Will and Testament was duly admitted to probate by decree of the Dutchess County Surrogate. Under the said will,…

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Guardian ad Litem Contends Undue Influence

This is a probate proceeding that questions the will of Vito DeMarco, the deceased. The case involves the administrator of the estate, Christina Matozzo versus the Trustee of the Vito DeMarco Living Trust, Anthony DeMarco. Mr. DeMarco is seeking to declare that the trust is invalid. The case is being…

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Multiple Parties Seek to be Executor of Estate

This is a matter of probate concerning the will of Evelyn May Hoelzer. The case is being heard in the Surrogate Court of the City of New York in Nassau County. The judge overseeing the hearing is John B. Riordan. Probate Applications This is a pending probate proceeding involving the…

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