The trial discussed concerns the legal settlement of the final account of two persons and the fixation of legal fees. The two persons were the appointed guardians of the properties of the deceased incompetent man. While the administrator of the properties also filed objections and has argued for a surcharge…
Articles Posted in Staten Island
Court Decides if Petition for Preliminary Letters Shoud Be Granted
On 28 October 2006, the decedent died leaving a will dated 27 April 2006. The will nominates two (2) executors. Thereafter, one of the executors renounced his appointment. The decedent was survived by his two adult children. Under the will, the entire residuary estate is left to the decedent’s companion…
Daughter Brings Will Contest Action Against Estate
This is a summary proceeding case involving the public administrator of New York versus the respondent who was one of the heirs of the decedent. The facts of the case states that the decedent died in 1977 leaving a will. In that will, the house and lot was devised to…
Court Decides Estate Issues Regarding Same Sex Marriage
The deceased man endowed in his will his three surviving brothers, a goddaughter and his same sex partner spouse that he married in Canada. He left the residue of his estate to the respondent, his same-sex partner spouse. The deceased man appointed the respondent spouse as the executor of his…
Court Determines Distribution of a Trust and Will Assets
In 1935, a trust fund was created by a mother in favour of her son which provides among others that in the event of the death of her son, the trust shall be divided in 6 equal parts and one of which shall be held in trust for her grandson.…
Court Determines Jurisdiction Issue regarding a Will
The petitioner is the surviving spouse of the deceased who died a resident in the State of Florida. The deceased man’s Last Will and Testament was executed in the State of Florida and admitted for validation by the Circuit Court of the County of Lee, State of Florida. The will…
Court Reviews Probate of Divorced Couple
A man had separated from his wife and died on November 19, 1983 in Pennsylvania where he was admittedly residing. He was survived by his wife and two adult sons. On December 5, 1983, a petition for probate of the deceased man’s last will and its supplement was filed by…
Court Determines Formula for Calculating Endowments in a Will
In paragraph third of a will, a deceased woman made twenty-seven gifts to individuals and charitable institutions thereto. Each of the endowments was described as consisting of a fixed percentage of her property. The parties are in dispute as to whether the language of gift requires that the legacies be…
Probate of Will Presents Jurisdiction Issue
This is a case involving the estate of a decedent who was a national of British Honduras and left properties located in New York and other countries. The decedent left no legitimate heirs and part of the properties he left involved certificates of stocks from 50 corporations and other banks…
Brother Files Will Contest Against Sisters
A man had a son and two daughters. In 1995, the father and the son had a falling out. In December 1996, the father made a will leaving all of his real and personal properties to his two daughters in equal shares. The son was left out of the will…