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Articles Posted in New York City

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Case Issue is Whether Court Erred in Denying Probate of a Will

A New York Probate Lawyer said that, the decree denying probate to the propounded instrument reserved for determination by supplemental decree all applications for costs, allowances, and fees. The attorney for petitioner who claims to be the sole statutory distributee of the decedent, asks the court to fix his reasonable…

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Court Dicusses Trust with PourOver Will for Infant

New York Probate Lawyers said that, the report of the guardian ad litem for infant remainder men of the residuary trusts makes certain recommendations, some of which are in reality objections to the account. A New York Estate Administration Lawyer said that, a trust which the decedent had created provided…

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Court Discusses Powers of Executor Regarding Prior Will

A New York Probate Lawyer said that, the proponent of the will of the decedent seeks a protective order with respect to a notice to examine under SCPA 1404. The decedent died on July 9, 1995, survived by her daughter, as sole distributee. She was also survived by her granddaughter,.…

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Creditor Requests for Ancillary Letters of Administration

A New York Probate Lawyer said that, a person claiming to be a creditor of the decedent applies for the issuance to him of ancillary letters of administration. It is conceded that the decedent was domiciled in Ohio, and that letters of administration were issued by a competent tribunal of…

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Case Issue is Whether Court Erred in Denying Probate of a Will

A New York Probate Lawyer said that, the decree denying probate to the propounded instrument reserved for determination by supplemental decree all applications for costs, allowances, and fees. The attorney for petitioner who claims to be the sole statutory distributee of the decedent, asks the court to fix his reasonable…

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Court Discusses the Issuance of Premliminary Letters Testamentary

A New York Probate Lawyer said that, a motion and cross motion places in issue the rights of persons interested in this estate to obtain discovery from the preliminary executor pursuant to subdivision 4 of SCPA 1412. In 1963, based upon the recommendation of the Bennett Commission, the Legislature created…

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Court Determines if Corporation is Sole Surviving Trustee of Estate

A New York Estate Lawyer said that, the testator, while a resident of New York, executed a will in 1904 and a codicil thereto in 1911. He died a resident of Rhode Island in 1912 and the aforesaid instruments were admitted to probate as his will in that state. A…

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Decedent’s Widow Seeks to Revoke Preliminary Letters Testimentary

A New York Probate Lawyer said that, in the pending probate proceeding, the decedent’s widow has sought to revoke the preliminary letters testamentary issued to the decedent’s sisters, the nominated executrices under the will, and to disqualify the sisters from appointment as executrices. The sisters have questioned the status of…

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Court Rules on Will Construction

In this Estate Litigation case, the executor of the decedent’s estate has instituted this proceeding for construction of the decedent’s will. A New York Probate Lawyer said that the testator, a resident of Paris, France, albeit a citizen of the United States died in March 1966. The value of his…

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