The question turns upon the power of the surrogate to require an administrator’s bond in double the value of the personal estate in this state (New York) of Mr. JP, who at the time of his death was a resident of New Jersey, as a condition to the grant of…
New York Probate and Estate Administration Lawyer Blog
Petitioner Asks Court to Appoint an Appraiser
The application by LK, as executrix of the last will and testament of Mr. DK, deceased, for the appointment of an appraiser to determine the value of the estate, and to fix the amount of transfer tax due thereon. An order of the surrogate of Kings County, confirming the report…
Court Discusses Validity of Will
This controversy involves the validity and effect of certain portions of the will of Mr. X, late of the city of Brooklyn, deceased, and the correctness of the directions contained in a decree of the surrogate of Kings County as to the disposition of certain moneys of his estate. Mr.…
Court Decides the Disposition of Real Property
This is an application for a construction of the will of testatrix with respect to the intended disposition of certain real property. Testatrix’ holographic will dated October 28, 1931, was admitted to probate on September 25, 1956. In paragraph ‘Third’ of the will, testatrix provided in part as follows: ‘I…
Court Listens to Proceeding to Establish a Lost Will
This is a proceeding to establish a lost will pursuant to the provisions of Section 143, Surrogate’s Court Act. The decedent died February 11, 1958. The Court is satisfied on the testimony of the subscribing witnesses that on February 4, 1958, decedent duly executed a will in accordance with the…
Court Discusses Jurisdiction of Surrogate Court
The petitioner in this custody proceeding is the natural mother of a child born in 1976 in Brooklyn. The respondent is the child’s paternal grandmother, who was appointed by as guardian of the person for the child in December 1977. The petition alleges that in May, 1977 the father took…
Action Brought Pursuant to Real Property Law Sec. 500 to Have Mortgage Cancelled
This is a motion by plaintiff for summary judgment under Rule 113 of the Rules of Civil Practice. This action is brought pursuant to section 500 of the Real Property Law to have a mortgage cancelled of record on the ground that it is outlawed by the statute of limitations…
Court Decides Validity of a Hospital Lien
In an action, Inter alia, to determine the validity and extent of a hospital lien filed by defendant New York City Health and Hospitals Corporation, plaintiff appeals from an order of the Supreme Court which (1) denied her motion to strike defendant Associated Hospital Services’ affirmative defense that the action…
Court Discusses Will Provisions
A New York Probate Lawyer said the holographic will of the testator, a physician, has been admitted to probate. The Court finds no difficulty in upholding the validity of the testator’s testamentary scheme as maintained by the two special guardians. Although inartistic in form the will makes testator’s intentions clear.…
Court Hears Uncontested Administratrix’s Accounting Proceeding
New York Probate Lawyer said in this uncontested administratrix’s accounting proceeding, a stipulation has been submitted to the court for its approval and incorporation into the provisions of an intermediate accounting decree. The decedent died, testate, on the 17th day of March, 1980, survived by a spouse and an infant…