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Articles Posted in Suffolk County

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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…

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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…

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Supreme Court Decides 5 Will Contest Cases

This is a decision of the Supreme Court deciding jointly five cases where despite the existence of will that can be admitted into probate, the parties who could be beneficiaries under these wills decided to ask instead for letters of administration. The surrogate courts, in its discretion, thinking it wiser…

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Court Decide Status of Guarden ad Litem

The probate courts have reviewed an agreement between parties regarding settlement of estates, which was skillfully done by a highly trained court appointee to take care the personal and property interest of one of decedent’s sister who was sick. Decedent had written a will. In his will, he named his…

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Court Rules on Will Contest between Brothers

A testator in her lifetime made a will. Her husband and three children outlived her. The will was brought to a probate court for legal procedure. Named in the instrument were the three adult children as co-executor with full power over the estate of the decedent. Not mentioned in the…

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Court Hears Complex Estate Litigation Matter

Surrogate’s Court, entered and admitted the document to probate as the last will and testament of testator. The decedent, a physician, married his first wife who died before probate of the will. Testator’s daughters from his first wife petition the court for probate the will testators have written in their…

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Court Addresses Executor Fee Dispute

A man from New York City executed a Will and its appendices and named a German Catholic Church his principal beneficiary in his last will and testament. The Will was challenged by the executors of a prior will executed in 1972. The appellant firm that represented the deceased man appealed…

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