Three probate proceedings in the estate of the deceased woman moves for an order for a partial stay or a protective order directing that the surviving son’s obligations to respond to all discovery demands that have been served on him temporarily be stayed until related criminal charges pending against him…
Articles Posted in New York City
Court Decides Jurisidiction Between Switzerland and U.S.
A Swiss national died on July 7, 1941. Prior to his death, he executed a will in New York purportedly to cover his personal properties in this State. The will was executed in 1934. When he died in 1941, the personal properties left by the testator were divided among his…
Court Determines Jurisdiction of Conflicting Wills
An American citizen who was domiciled in Austria made two wills in 1962 and in 1964. The 1964 will was brought before the Surrogate’s Court in New York for probate by the testator’s lawyer who was also his executor. In this will, the testator revoked all prior wills and he…
Court Determines Jurisdiction Question with French Will and Trust
An American citizen who was a successful business man in New York got married to a French woman and thereafter bought a home in France where he lived together with his wife and daughter. Every now and then, he comes back to New York to look after some concerns about…
Court Rules of Power of Surrogate
A man appointed his wife and his daughter as executors of his estate. The bank was designated as the successor executor. In a supplement to his will, he removed his wife as executor and named his daughter as the sole executor and appointed the bank as the successor executor. Following…
Court Hears Validation Proceeding for Deceased Priest’s Will
A validation proceeding for the will of a deceased priest have two questions presented for determination. The matters to be determined are the right of the respondent to attack the jurisdiction of the Court and the finding of the residence of the deceased at the time of his death. The…
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 Decides Will Jurisdiction Issue
This case involves the settlement of the estate of a French born individual who acquired American citizenship at the age of 51 and died at the age of 79 in his domicile which was in Switzerland. He was survived by his wife a French national, and an acknowledged illegitimate son…
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…