This is an application by the Public Administrator of the County of Kings for a construction of testatrix’ will and other relief. Testatrix died on December 27, 1919 leaving a will dated February 11, 1905 which was duly admitted to probate in this Court on June 18, 1920. Except…
Articles Posted in Wills
Trustee Brings Action for Judicial Settlement of Account
The decedent died on December 31, 1915. His will, made on October 20, 1915, was admitted to probate on March 31, 1916. The Kings County Trust Company was granted letters testamentary on March 31, 1916 and letters of trusteeship on October 24, 1934. By the ninth paragraph of the…
Executrix of Estate Brings Suit for Wrongful Death
In an action to recover damages for personal injuries and for wrongful death, the defendant (hereinafter Standard) appeals from so much of an order of the Supreme Court, Kings County, dated December 16, 1985, as, inter alia, denied its cross motion to dismiss the complaint as against it. The…
Court Decides Case Regarding Preliminary Letters Testamentary
In a probate proceeding, the petitioner, appeals from so much of a decree of the Surrogate’s Court, Kings County, dated July 1, 2004, as denied that branch of her cross motion which was for the issuance of preliminary letters testamentary to her for the estate of the decedent and…
Court Decides Material Provisions of a Will Regarding Real Property
The testator left him surviving his widow, three sons, and one daughter, who were his sole heirs at law and next of kin. One of the sons, died June 29, 1900, leaving him surviving three children, one of whom is the plaintiff in this action; the widow, died September…
Court Decides Case Regarding Alleged Violation of Restrictive Covenant
This action is brought to restrain the violation or the threatened violation by the defendant of a certain restrictive covenant claimed by plaintiffs to affect the lots or parcels of land within an area located in the Borough of Brooklyn now or heretofore known as “Manor’”. The area in…
Court Decides Validity of Claim for Public Assistance against Estate
This was a proceeding brought by BS, the executor of the estate of her father, LS, before the Surrogate’s Court of the City of New York, Nassau County, to determine the validity of a claim made by the Nassau County Department of Social Services against the estate for public…
Court Decides Whether Codicil Revives Will
In this estate case, the question for the determination of the Court is whether the codicil of March 8, 1956 revived the will of November 23, 1954 and a codicil thereto of December 20, 1954 which had been revoked by the will of July 31, 1955. The proof adduced establishes…
Court Discusses Investment Provision of a Will
As an incident to trustee’s intermediate account of four trusts created under articles ‘Seventh,’ ‘Eighth’ and ‘Ninth’ of the will, the Court’s instruction is sought as to the investments authorized by article ‘Fourteenth’ of the will and as to significance to be given to the term ‘fiscal agent’ as used…
Court Questions the Signing of a Will
Petitioner (executor) offers for probate a holographic instrument, 2–1/4 3–3/4 inches in size, written upon both sides thereof. The decedent’s signature appears directly below the dispositive provisions with no space for any other signatures below it. The first witness’s signature is on the right-hand side of the paper parallel to…