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Articles Posted in Westchester County

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Court Rules on Jurisdictional Issues regarding Will

A son from California filed for an order dismissing the pending proceeding to probate his mother’s New York Will that raises an interesting question of jurisdiction. The son argues the jurisdiction of the court to prove the validity of the Will of a non-residence which requests New York to prove…

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Court Rules on Will Contest Case

The brother of the deceased contested to the validation proceeding requesting to dismiss the objections and accept the proposed evidence to probate. The will offered for proceeding claims that the estate shall be equally shared by the deceased person’s mother and brother, assigned as the executor. If either individual die…

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Court Rules on Case with Multiple Wills

The issues being raised in this estate case have two aspects. One issue talks about the objection of probate on the last will and testament of the deceased. Another issue raised on the case was whether the main executor of the will had the right to request for discovery proceeding…

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In a work-related accident, the decedent suffered permanent substantial disability

In a work-related accident, the decedent suffered permanent substantial disability in October 1973. An employer’s workers’ compensation insurance carrier was instructed to pay disability benefits to him. The defendant had pre-existing diabetes so the carrier applied and was give reimbursement from the Special Disability Fund pursuant to Workers’ Compensation Law.…

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Court Rules on a Motion in Limine

MBIA Insurance Corporation (MBIA) filed a motion in limine for the court to allow MBIA to use statistical sampling to be able to present evidence for fraud and breach of contract and also to prove damages against Countrywide Home Loans, Inc., Countrywide Securities Corp. and Countrywide Financial Corp. (collectively Countrywide).…

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Court Rules on a Will Contest Matter

The case regarding Genevieve Tisdale’s estate is about getting a jury trial in connection to the revocable trust executed by her at the same time with her last will and testament. Ms. Tisdale died on October 6, 1995. It is said that her will dated December 15, 1994 was executed…

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Court Rules on a Will Contest Matter

In the matter of the will of Mary Cairo’s estate, the grandson, Joseph L. Cairo, filed a contest claiming that the more than one-half of the remaining estate was assigned to charity. The litigation regarding this, the court found that the grandson was not eligible for this case as he…

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