Probate Lawyers said the action by Y against BN for specific performance of a contract to purchase real property. Defendant obtained judgment, which was affirmed by the general term. Plaintiff appeals. Affirmed. This action was brought to compel the specific performance of a contract to purchases land. The defense was…
New York Probate and Estate Administration Lawyer Blog
Petitioner Bring Motio to Construe Joint and Mutual Will
Probate Lawyers said this is a proceeding to construe a joint and mutual will executed by decedent and his wife on March 5, 1956. The wife died on March 31, 1964 and said instrument was probated in this Court as her last will and testament. Shortly thereafter decedent was adjudicated…
Court Discusses Validity of Will
A Probate Lawyer said that according to sources, both cases involved issues as to the estate. In the first case, as an incident to an account by trustees of the trust for the benefit of testator’s daughter, which terminated by her death, a construction is sought of the validity of…
Court Reviews Action to Impress a Trust on Funds Owned by Father
Probate Lawyers said that records reveal that in an action to impress a trust upon funds on deposit claimed to be the property of the father, the father moved to enjoin the his daughter, and the banks in which the moneys are deposited, from withdrawing or in any manner disposing…
Claimants Move to Dismiss Claims of Executrix
A Probate Lawyer said on the records, this is a motion by claimants to dismiss the petition by the executrix for disallowance of their claims for accounting services allegedly rendered to testator. The ground for the motion is that this court was ousted of jurisdiction to adjudicate the claims because…
Court Deals with Conflicting Interpretation of a Will
A Probate Court said records reflect that this construction proceeding raises questions in respect of the validity of a trust under decedent’s will and the distribution of its remainder. The decedent died survived by his widow and six children. The will was admitted to probate and Letters testamentary and letters…
Court Hear Petition Action
A Probate Lawyer said that according to sources, this is a partition action in which defense move, pursuant to Rule 107, subdivisions 2 and 3 of the Rules of Civil Practice, to dismiss the complaint on the grounds that the complainants have no legal capacity to sue and that there…
Court Discusses Powers of Surrogate Court
A Probate Lawyer said that sources revealed that this case deals with a slip and fall accident. Defense Attorneys have now moved this court to dismiss the within action with prejudice on the basis that their client has been deceased fro sometime and as such has no standing to be…
Plaintiff Brings an Accounting Action regarding Family Trust
A Probate Lawyer said that records reflect that the Testatrix’ will give the sum of $2,000 in trust for the benefit of the beneficiary who was entitled to the corpus and accumulated income thereof when he became 21 years of age. The will was admitted to probate in 1945 and…
Court Rules on Proceeding to Settle Executors Account
Sources show that this is a proceeding to settle the executor’s account of a Trust Company. Objections have been filed on behalf of the deceased to the said accounting. The objectant claims title to one-third (1/3) of all property received by the executor as set forth in the account, or,…