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…
This is an appeal brought before the Supreme Court, Appellate Division, Second Department, Kings County. The issue here is (1) whether a power of attorney which conferred limited realty management powers upon JSF was one “relating to an interest in a decedent’s estate” and was therefore ineffective under EPTL 13-2.3…
Decedent M. Bach executed a will in 1977 that named as beneficiaries her two sisters who were living at the time, and the surviving son of a third sister, Haber. The will also provided that if either of the sisters predeceased her, then her share would go to Metzger, the…
In a probate proceeding, the decedent’s widow appeals from stated portions of a decree of the Surrogate’s Court, Kings County, dated February 13, 1991, which, inter alia, upon refusing to admit a will to probate, impressed a constructive trust upon the entire estate for the benefit of the beneficiaries named…
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…
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…
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…
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 of the surrogate’s court, Kings…
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…
These two proceedings to compel the production of the wills of the testator, ask the court to seal the documents which have been produced by the respondent. By petitions dated July 25, 2008, petitioners sought to compel the New York City Police Department (NYPD) to produce documents in their possession…