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Articles Posted in Queens

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Court Decides Case Regarding Lost Will

A New York Probate Lawyer said a deceased man was survived by his wife and three adult children. Afterward, his last will was offered to probate. The man’s 2003 last will bequeathed his personal property, shares of stocks and real property to his wife. A trust is also established for…

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Petitioner Raises Issue of Undue Influence

In this Will Contest action, the objectants move for reargument of the Court’s decision. Petitioners cross move for summary judgment dismissing the objections. A New York Probate Lawyer said that decedent died in July 1992. Petitioners, as nominated co-executors, seek to admit to probate an instrument executed sometime in June…

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Court Discusses Will Valid Will Construction

Decedent died in March 1990 at the age of 91 years. Her distributees are three nieces and one nephew. A New York Probate Lawyer said the propounded instrument is a two-page typewritten document containing a modest bequest to one of decedent’s nieces and bequeathing the residue of this estate, alleged…

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Court Determines Pages are Missing from a Will

In this proceeding, probate is sought of a testamentary instrument executed sometime in December 1982. A New York Probate Lawyer said the proponent is the nominated executor and one of decedent’s sons. Decedent died on the same month. She was survived by four adult children. According to a Bronx County…

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Family Alleges Undue Influence in Execution of Mother’s Will

In this estate in which there is a contested probate proceeding pending, the decedent was the defendant in a County Supreme Court action, commenced by his sister and two other parties who are the objectants in the probate proceeding (the movants). New York Probate Lawyers said the complaint in the…

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Petitioner Claims Grandmother’s Will Invalid Due to Lack of Capacity

A New York Probate Lawyer said the last will was executed approximately one year prior to the owner’s death at the age of 89. Her successors are her three post-deceased children and her two daughters. But, the probate petition was not filed more than twenty years after the woman’s death.…

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Court Decides Ownership of Real Property in Will Contest Proceeding

A New York Probate Lawyer said this is a Supreme Court partition action commenced by the decedent’s surviving spouse, during the pendency of a probate or will contest proceeding in this court seeking, inter alia, a declaration that the decedent’s interest in certain real property passed to him by operation…

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Court Decides if Testamentary Trustee Can File a Bond

A New York Probate Lawyer said that, petitioner, the nominated trustee of the trust created in the residuary clause of decedent’s will, requests that an order be entered modifying the probate decree by deleting the direction therein that he file a surety bond in the sum of $227,000.00. The initial…

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Court Decides if Petitioners Constitutional Rights Have Been Violated

A New York Probate Lawyer said that, this is an appeal under 28 U.S.C. § 1257 (2) from a judgment of the Supreme Court of Arizona affirming the dismissal of a petition for a writ of habeas corpus. The petition sought the release of appellants’ 15-year-old son, who had been…

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