This matter deals with appointing the trustees of the trust for the benefit of Gertrude Feil under the fifth article of the last will and testament of Louis Feil who is deceased. The Surrogates Court of the State of New York located in Nassau County is overhearing this case. Petitioner’s…
Articles Posted in New York City
Probate Court Hears Case Filed by Fiduciary
Queens Probate 18 This is an uncontested administratix’s accounting proceeding taking place in the Surrogate’s Court of Suffolk County. A New York Probate Lawyer said a stipulation has been submitted to the court for approval into the provisions of an intermediate accounting decree. Case Background The decedent died on the…
Court Looks at Restrictive Covenant
This action involves a case where the court considered that defendant violated a certain restrictive covenant claimed by plaintiffs to affect the lots or parcels of land within an area located in the Borough of Brooklyn. In the year 1893, deceased died testate seized of said real property. His will…
Court Looks at Construction of Will
This involves a case where the court uphold the principle that the intention of the testatrix is of paramount importance which must be respected after it has been presented and admitted to probate. If the executrix intends to dispose the subject property in the will, the court suggested that she…
Trustee Requests Division of Trust
The Facts: On 31 December 1915, a testator died. On 31 March 1916, his will dated 20 October 1915 was admitted to probate. The Kings County Trust Company was granted letters testamentary on 31 March 1916 and letters of trusteeship on 24 October 1934. Under the will, the testator gave…
Court Looks at Intention Underlying Will Documents
The Facts: On 27 December 1919, a testatrix died leaving a will dated 11 February 1905 which was duly admitted to probate on 18 June 1920. Except for the printed portions of the form used, the instrument was entirely written by pen and ink. After providing for the payment of…
Court Looks at Disposition of Decedent’s Gifts
The Facts of the Case: On 19 December 1947, a woman died. She was a resident of the Village of Millbrook, Dutchess County, New York. On 18 February 1948, her last Will and Testament was duly admitted to probate by decree of the Dutchess County Surrogate. Under the said will,…
Petitioner Seeks Order
The petitioner has filed for an order to show cause before the court. The petitioner seeks an order under Rule 137 of the Rules of Civil Practice to direct respondent to appear and testify pursuant to a Commission issued out of the Probate Court of the Commonwealth of Massachusetts, Middlesex…
Court Discusses Supplemental Needs Trust
This is a probate proceeding in regard to the deceased, Edward R. Barclay’s will. The case is being heard in the Surrogate’s Court of the State of New York in Nassau County. The judge in the case is John B. Riordan. Probate Issues In this particular probate case there are…
Petitioner Objects to Jurisdiction
This is a matter concerning the last will and testament of the deceased Kate Freeman Clark. The case is being heard in the Surrogates Court of Suffolk County. Motion The motion that is before the court is to have the probate proceeding in this court dismissed and surrendered to the…