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…
In an action to recover damages for medical malpractice and lack of informed consent, etc., in which the defendant SSS Medical Center commenced a third-party action against KC, as successor executor of the estate of Mr. RR, KC appeals from an order of the Supreme Court, dated May 1, 2009,…
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…
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…
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…
The case involves three issues, first, the probate of a will despite absence of witness to testify for the authenticity of the will. Second, the disallowance of a will alleged to have made under undue influence by the decedent’s heirs. Third, the denial of appeal based on forum non conveniens.…
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,…
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…
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…