This is a motion after a kinship hearing, holding that the entire distributable estate of a deceased woman should be deposited with one person. The complainant seeks to leave to present additional testimony. A New York Probate Lawyer said the request for the alternative relief of reopening the hearing appears…
Articles Posted in New York City
Court Decides Validity of Will Instrument
A New York Probate Lawyer said a man died with assets having a value of slightly less than $1,000,000, divided approximately equally between testamentary and non-testamentary assets. The proposed last will contains pre-residuary legacies to each of the man’s two nieces, his only successors, and to a friend. The residuary…
Court Discusses Putnam Rule in Will Contest
A New York Probate Lawyer said that, in this probate proceeding, decedent’s will was previously admitted to probate by decree entered on April 15, 1983. These were dealt with on an interim basis by the decree admitting the instrument to probate prohibiting any distribution of the legacies which were then…
Petitioner Alleges Legal Malpractice
A New York Probate Lawyer said that, in this SCPA 2103 discovery proceeding, respondents, the two principals in a law firm, move under CPLR 3211 to dismiss the petition seeking damages against them for their alleged legal malpractice. The discovery petition alleges that decedent and her post-deceased husband had told…
Court Discusses Will Construction Statute
A New York Probate Lawyer said that, in this uncontested probate proceeding, the primary issue is whether the “within one thirty day period” for the completion of the will ceremony prescribed by EPTL 3-2.1(a)(4) commences on the date of the signature or the date of the first acknowledgment where the…
Court Rules on Probate Case Regarding Testamentary Capacity
A New York Probate Lawyer said that, in this motion for summary judgment, the nominated executor under the propounded instrument dated January 14, 1949 seeks a judgment admitting the will to probate. The New York Province for the Society of Jesus (the Jesuits) is the sole beneficiary under the propounded…
Court Discusses Problem with Will’s Signature and Format
In this probate proceeding, the propounded instrument upon its face raises a question as to its conformity requiring that a will be signed by the testator “at the end thereof”. A New York Probate Lawyer said in the instant instrument, the testatrix’s signature appears below that of the subscribing witnesses.…
Court Hears Case for Will Contest Between Brother and Sister
A son of the decedent, who is the objectant in a probate proceeding, petitions for the issuance of limited letters of administration to himself in order to obtain the decedent’s medical records and to commence an SCPA (Surrogate’s Court Procedure Act) discovery proceeding against the decedent’s daughter with regard to…
Brother Battles Sister Over Father’s Estate
A man died at the age of 71 years and his wife, who had been battling cancer, also died the day before his own death. The deceased man’s successors are his children. A New York Probate Lawyer said at the examination, the ten passbooks, the deceased man’s hospital records, the…
Petitoner Brings Will Contest Proceeding
Two cases are before the court for resolution. A New York Probate Lawyer said in the first case, the contestants in a will contest or probate proceeding of the Estate of A appeal from the order of the Surrogate’s Court, Kings County, entered on 9 October 1959 which denied their…