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Articles Posted in Wills

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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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Husband Files Objection to Wive’s Donation to Chartities

In this Estate Litigation action, the will of the testatrix bequeathed her husband a general legacy of $2,500 and named him as income beneficiary of a trust of one-half of the residuary estate. The remaindermen of this trust are charities as also are the legatees of the remaining one-half of…

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Petitioner Raises Issue of Undue Influence

In this Will Contest action, the objectants move for reargument of the Court’s decision. Petitioners cross move for summary judgment dismissing the objections. A New York Probate Lawyer said that decedent died in July 1992. Petitioners, as nominated co-executors, seek to admit to probate an instrument executed sometime in June…

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Petitioner Seeks to Dispense with Service of Process of Will

A petition for probate of the decedent’s will has been filed with the Probate Department of the New York Court. The petitioner is the nominated coexecutor and son of the decedent. A New York Probate Lawyer said that the petitioner has requested that the court dispense with the service of…

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Claimant Brings Suit Based on Oral Promise by Decedent

A New York Probate Lawyer said that, this is an application by the preliminary executors in a probate proceeding to dismiss a claim asserted against the estate. This claim to one-half of the estate was made by the claimant simultaneously with his opposition to a decree approving a compromise agreement…

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