Probate Lawyers said this is an incident to the judicial settlement of their account the executors seek a determination with respect to the validity of the trust created by testator under paragraph ‘Second’ of the will and the effect of the widow’s notice of election thereon. Said paragraph is the…
New York Probate and Estate Administration Lawyer Blog
Court Judicially Settles Final Accounts of an Estate
The two cases below are about probate proceedings. Probate Lawyers said in a probate proceeding to judicially settle the final accounts of an estate, the successor administrator, KG, appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Kings County (Lopez Torres, S.), dated…
Court Discusses Validity of Bequest to Charity
The committee of an incompetent moves for permission to file objections to the account of the Executor of the Last Will and Testament of the incompetent’s mother and for leave to obtain a construction of her will in respect to the validity of certain provisions for charitable bequests which, in…
Court Determines Validity of Notice of Election
A Probate Lawyers said that, the executors seek a determination as to the validity and effect of the notice of election served and filed by the surviving spouse to take against testator’s will. The will, dated August 1, 1960, was admitted to probate on January 24, 1961. By paragraph ‘THIRD’,…
Widow Makes Motion to Disqualify Attorneys
The widow of the testator has made this motion to disqualify the attorneys for the executors and their counsel, to restrain them from participating in the affairs of the estate and from continuing to appear for the executors in matters affecting the estate, and to require said attorneys and their…
Accounting Fidicuciary Seeks to Charge Remainder Interest
A New York Probate Laywer decedent Mrs. AH died in 1940. Her will admitted to probate, after minor pre-residuary dispositions, created a trust for the income benefit of her daughter M with remainder to M’s children. The trust was funded in 1946 and administered by co-trustees M, the income beneficiary…
Appellant Files Motion to Compel Petition for Respondent to Account
New York Probate Lawyers said an RF died intestate in December, 1947 and letters of administration were issued to his widow, the respondent, in the same month. In September, 1948 respondent filed an income tax return for 1947 on behalf of the decedent. During the return’s audit, respondent executed three…
Parties Seek Leave to File Amended Objections in Probate Case
In this contested accounting proceeding several applications seeking pre-trial relief have been submitted. Specifically said applications are as follows: A. Application by objectants, by orders to show cause, inter alia, to amend objections and to join additional parties; and B. Application to cancel notices of pendency pursuant to Article 65…
Petitioner Seeks Repayment of Trust Principal
A Probate Lawyer said the decedent Mrs. AH died in 1940. Her will admitted to probate, after minor pre-residuary dispositions, created a trust for the income benefit of her daughter M with remainder to M’s children. The trust was funded in 1946 and administered by co-trustees M, the income beneficiary…
Petitioner Brings Action for Settlement of Trustee’s Account
In this action for a judicial settlement of a trustee’s account and for a construction of the will and codicils of the testator, the trustee moves for summary judgment. Probate Lawyers said the testator died in September 1918, leaving a will and five codicils which were admitted to probate in…