The contestant has made application to the Court for an order vacating and setting aside the proponent’s demand for a bill of particulars, or in the alternative, modifying said demand, and for such other, further and different relief as to the Court may seem necessary and proper. The proponent’s demand…
New York Probate and Estate Administration Lawyer Blog
Court Decides Proceeding for Leave to Compromise for Wrongful Death
This case was initiated by JC as administrator of the goods, chattels and credits which were of CP, deceased – for leave to compromise a certain claim for wrongful death and to render and have judicially settled an account of the proceedings as administrator – brought before the Surrogate’s Court…
Case Filed to Prevent Party from Being Executrix
This case is a probate proceeding brought before the Supreme Court, Appellate Division, Second Department, New York. The petitioner, JZ, appealed, as limited by her brief, from so much of an order of the Surrogate’s Court, Kings County, dated 16 October 2007, as, after a hearing, granted those Kings of…
Court Discusses Powers of a Surrogate
This case was brought before the Court of Appeals of New York. The issue here is the power of the surrogate to require an administrator’s bond in double the value of the personal estate in this state of JDP, who at the time of his death was a resident of…
Petitioner Brings an Appeal Regarding the Value of the Estate
This is an appeal from the Supreme Court, Appellate Division, Second Department brought before the Court of Appeals of New York. First, an application was filed by LK, as executrix of the last will and testament of DFK, for the appointment of an appraiser to determine the value of the…
Appellant Files Case Review Judicial Settlement of Will
This is an appeal brought before the Court of Appeals of New York from a decision rendered by the Supreme Court, Appellate Division, Second Department, in the matter of the judicial settlement of the account of MNH and others, as trustees under HH’s will. The trustees appealed from an order…
Surrogates Court Called to Establish Lost Will
This is a proceeding brought before the Surrogate’s Court, Kings County, to prove the last will and testament of AEF – to establish a lost will pursuant to the provisions of Section 143, Surrogate’s Court Act. On 11 February 1958, the decedent AEF died. According to the subscribing witnesses of…
Petitioner Files for Custody of Child
This is a proceeding for the custody of minors under Article 6 of the Family Court Act brought before the Family Court of Kings County. The petitioner is the natural mother of a child born in 1976 in Brooklyn. The respondent is the child’s paternal grandmother who was appointed in…
Decedent Purposefully Excludes Sons from Will
By decree, Surrogate’s Court, Kings County, entered on or about September 8, 1992, which, upon a directed verdict after a jury trial, admitted to probate an instrument purporting to be the last will and testament of the deceased, unanimously affirmed, without costs. We note first that the purported will itself,…
Court Discusses Will Construction Issue
The testatrix died January 10, 1914 leaving a will which was admitted to probate April 15, 1914. By paragraph ‘Fourth’ of her will she left her residuary estate in trust, and in substance provided that income be payable to a grandnephew for life, and upon his death that the trust…