This is a motion filed by the executrix requesting the Surrogate to fix the New York estate tax – Tax Law § 249–w. The executrix made a motion to fix the tax returnable on 16 March 1972. While the State Tax Commission was duly served, no order fixing the tax…
Articles Posted in Wills
Appellate Court Decides Validity of Duplicate Wills
In re: Lewis NY Slip Op 04674 In this case, the decedent RL, left no will. Letters of Administration were issued to her parents. The parents had renounced their interest in the estate in favor of the decedent’s brothers, RL and JL. There was a piece of property that would…
Petitioner Seeks Limited Letters of Estate Administration
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…
Executrix Petitions for the Construction of a Will
On December 2, 1999 a will was admitted to probate on August 16, 2001, reads as follows: “All the rest, residue and remainder of the property which I may own at the time of my death, real and personal, and whosesoever the same may be situate.” There is no more.…
Court Determines Fate of Lost Will Codicil
This is an uncontested proceeding to probate a copy of the last will and testament of the decedent. The will is dated March 2, 1981, the original of which cannot be located; the decedent died April 4, 1981. The petitioner is the decedent’s daughter-in-law, the surviving spouse of the decedent’s…
Petitioner Brings Proceeding for the Judicial Settlement of the Final Account
In a proceeding for the judicial settlement of the final account of the preliminary executors and the executors of the will of the deceased, for the period from November 1, 1995, through May 28, 1999, the petitioner appeals, as limited by his brief, from so much of an order of…
Court Hears Case Regarding Undue Influence in Execution of Will
A Probate Lawyer said that this is a proceeding for the probate of the will of the deceased. The will was propounded by testator’s widow, and contested by and others, children of testator. From a decree of the supreme court, general term, (15 N. Y. Supp. 601,) reversing a decree…
Court Determines Rights of Child Born After Will Executed
In this probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute (EPTL 5-3.2) determined. In a prior decision (Dec. No. 80, Feb. 7, 2008), the court ruled that any question regarding a party’s status in a probate proceeding should…
Court Looks to Intent of Testator to Determine Validity of Codicil
The father of decedent, died on April 7, 1901, a resident of the county of New York. His will was duly admitted to probate in the Surrogate’s Court of New York County on April 22, 1901, when letters testamentary were issued. The estate and trusts created under said will are…
Petitioner and Respondent Ask for Interpretation of Will
In this probate proceeding both the petitioner and the respondents ask that the propounded holographic instrument be admitted to probate but differ sharply as to construction of the will. The text of the provisions of the will reads: ‘First, after my lawful debts are paid, I give to my wife…