This is an application for limited letters of temporary estate administration. Decedent executed a will in Ireland which was witnessed by the manager for the United States Lines in Ireland and the American Consul in Cork. Beside a small bequest to a friend, the entire residuary is bequeathed to the…
Articles Posted in Wills
Court Determines if a Loan to Oppositor is Allowable Under Estate Rules
This is a probate case where the decedent died on May 1, 2004, leaving a will which was admitted to probate on July 7, 2004. The decedent was survived by his four children. The will makes pre-residuary cash bequests of $45,000.00 to each of the children. The will further provides…
Court Removes Preliminary Executors
In this estate proceeding, an Order and decree, Surrogate’s Court, New York County, entered on or about May 22, 1995, which removed the preliminary coexecutors, and appointed the lawyer and a Trust Company as temporary administrators, affirmed, without costs. The Surrogate’s removal of the preliminary coexecutors pursuant to SCPA 711…
Court Rules of Tax Apportionment Clause
This is a proceeding to construe the last will and testament of a testatrix who died on April 18, 2010, survived by five children. Her will, dated September 1, 2006 (the “Will”), was admitted to probate on July 2, 2010 and letters testamentary issued to petitioner, one of her children.…
Petitioner Seeks Payment from Annuity Plan
In 1970 a group annuity contract plan was entered into by defendant Company and a hospital as contract holder. On April 25, 1972, the company issued its certificate to a doctor, which named him as a participant in that group annuity plan. The certificate had originally been issued on April…
Counterclaim Filed for Surrender of Bank Passbook
Motion is made to strike out a counterclaim interposed in this action wherein plaintiff seeks to compel defendants to deliver to her a bank passbook of an account in the Interest Department of the ABC Trust Company of Albany issued to and opened in the name of ‘Ms. B, in…
Court Discusses Will Interpretation
In a contested probate proceeding, the Objectant appeal from a decree of the Surrogate’s Court, Kings County and dated March 17, 1993, which, after a nonjury trial, inter alia, granted probate of a certain will signed by the testator on March 17, 1987. Also, the Objectant raises the issue that…
Court Discusses Relation Back Doctrine in Probate Matter
At issue in this proceeding is the right of the trustees of the estate of the donor of a power of appointment to commissions for paying out the appointive property to trustees appointed under the will of the donee of such power. Testator Mr. S died in 1952. His will…
In re: The application of Giovanna BAJIC and Angela Franke for Construction of a will for Marianna Bonanno, Deceased.
Surrogate Court, Queens City, NY February 2, 2016 Decedent passed away on August 29, 2002, and is survived by 4 children. Her 2 daughters are the petitioners, and one of her sons is the objectant. The other son is the executor of the estate. The will is dated August 1,…
Court Discusses Release of Confidential Information in Decedent’s Will
In this probate proceeding, respondents Mr. AX and Mrs. AXW move to compel the co-executors of the estate, Mrs. JA, the surviving spouse of decedent, and Mr. K, accountant of decedent, to reproduce: (1) the original and/or photocopies of prior wills of the decedent; (2) un-redacted photocopies of two letters…