A New York Probate Lawyer said that records reflect that in a contested probate proceeding, the objectants appeal from a decree of the Surrogate’s Court, which, after reserving decision on the proponent’s motion pursuant to CPLR 4404 for judgment as a matter of law, made at the close of the…
New York Probate and Estate Administration Lawyer Blog
Court Interprets the Provisions of a Trust
New York Probate Lawyers this is an uncontested proceeding for reformation of Article FIFTH of decedent’s last will and testament dated November 21, 1979, as amended by Article II of a codicil thereto dated March 24, 1982 (collectively, the “will”). Decedent died on December 12, 1984. The will was admitted…
Court Looks at Will Construction Issue
Probate Lawyers said that according to a Kings County Estate Attorney a Judgment of the Supreme Court, Kings County, dated July 6, 1966, was reversed, with $30 costs and disbursements; plaintiffs’ motion for summary judgment granted; and action remanded to the Special Term for the making and entry of an…
Petitioner Files an Appeal in Will Contest Proceeding
A New York Probate Lawyer said that, this is an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (207 App. Div. 388,202 N. Y. Supp. 201), entered December 7, 1923, which affirmed a decree of the Kings County Surrogate’s Court admitting…
Petitioner Files an Application for an Order Extending the Statute of Limitations
New York Probate Lawyers said this is an application for an Order extending the statute of limitations to allow the petitioner to commence an Article 78 proceeding against the State Tax Commission (Commission). The Audit Division of the Commission, on December 20, 1979, issued a Notice of Determination and Demand…
Court Discusses Contruction of a Residuary Trust
A New York Probate Lawyer said the petitioner, the surviving trustee of a trust created on January 21, 1932, by and for the benefit of one Mrs. W, makes application for settlement of its account and asks for a construction whether the whole or any part of a legacy of…
Petitioners Seek Determination as to Disposition of Property
A Probate Lawyer said that in this proceeding the executors seek a determination as to the validity and effect of the disposition of property described in testator’s will and authorization to sell the real property of which testator died seized. Testator’s will dated April 18, 1956 was admitted to probate…
Petitioner Seeks Clarity on Disposition of Property
A New York Probate Lawyer said that in this proceeding the executors seek a determination as to the validity and effect of the disposition of property described in testator’s will and authorization to sell the real property of which testator died seized. Testator’s will dated April 18, 1956 was admitted…
petitioner Seeks Interpretation of Tax Clause in Will
The executors have requested construction of several provisions of Mrs. VK’s will admitted to probate in 1969. I Probate Lawyers said the principal problem concerns the meaning of the tax clause. Since the bulk of the estate consists of stock in a family corporation, construction of the tax clause in…
Petitioner Alleges Decedent’s Guardian Failed to File Certain Reports
A Probate Lawyer said that, in a probate proceeding in which the administrator, in effect, petitioned pursuant to SCPA 1809 to determine the validity of certain claims against the estate of the decedent, also known as the petitioner appeals from (1) an order of the Surrogate’s Court, Kings County, dated…