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A New York Probate Lawyer said that this is a proceeding brought before the Surrogate’s Court, Kings County for judicial settlement of the first and final account of proceedings of the CM Bank, National Association, as trustee under Article “Second” of the will OF AGK, deceased, for the benefit of BMK.

This proceeding for settlement of a final trust accounting presents a question of construction occasioned by the bankruptcy of a charitable remainderman designated by the donee of a power of appointment.

On 3 March 1931, the donor of the power, AK, died. He left a 1927 will which was probated in the instant court. Under the will, the net estate shall be divided into three portions and placed in trust, each part to furnish income to one of his three children; and, upon the death of each child, the remainder interest in his or her trust shall be distributed “by valid and absolute disposition by will of such child” and in default of such exercise of the power, “as a part of the estate of such child in accordance with the statutes of descent and distribution of the State of New York.”

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A Kings County Will Contest Lawyer said that, the two subscribing witnesses testified to the due execution of decedent’s holographic will and to her testamentary capacity at the time of the execution; that the last page of the instrument, the only one they saw, bore no additional writings below their signatures.

A New York Estate Lawyer said that, the changes in the street numbers of the addresses of the legatees under items 13 and 14 are immaterial, as well as the interlineation of the amount of the legacy of item 13, as the amount thereof was increased by figures immediately above it and that in turn was interlined and the original amount reinstated with the initials of the decedent above it; the amount of item 16 was interlined, and a lesser sum substituted therefor immediately above it, which in turn was likewise interlined and the original amount restored. Equally immaterial is the phrase in item 15 which reads ‘in payment of money ($500) she gave my sister Mae and for which I thank her.’ Those interlineations and additions being fair upon their face and unexplained by any evidence to the contrary must be presumed to have been made before the execution of the will. Crossman v. Crossman, 95 N.Y. 145, 153.

A New York Probate Lawyer said the Court finds that the following legacies were originally written in the following sums: item 6–$1,000; item 17–$100; item 18–$100; item 19-$50; and item 20-$200, which sums were interlined and other sums substituted in their places; the interlineations were made either in pencil or ink and the substituted sums in ink, which ink interlineations and substitutions are in different color ink than the original legacies, wherefore it is found that such interlineations and substitutions of different sums were made subsequent to the execution of the will.

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A New York Estate Lawyer said that, 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 for a bill of particulars is directed to the allegations of fraud and undue influence in paragraph 3 of the contestant’s objections.

A Kings County Probate Lawyer said that, the application will be treated as though the proponent were seeking a bill by motion in the first instance, since it calls upon the Court to determine the nature and extent of the items, if any, which the contestant should furnish to the proponent.

A New York Probate Lawyer it is too well settled to require citation of authority, that the proponent in a contested probate may properly require the particularization of the charges of fraud and undue influence asserted to defeat the probate. The real controversy here revolves around the extent to which such particulars ought to be furnished.

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A New York Estate Lawyer said this 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 of the City of New York, Nassau County.

This is a proceeding for leave to compromise an action for wrongful death and conscious pain and suffering.

A New York Probate Lawyer said on 7 June 2000, the decedent died as a result of injuries he sustained in a construction accident in Bronx, New York. He was survived by his wife and two children all of whom presently reside in Ecuador. On 13 October 2000, the court issued limited letters to petitioner, JC, decedent’s uncle, to commence the instant action.

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A New York Estate Lawyer said 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 the motion of the objectant, EHP, which were to disqualify her from serving as executrix for the estate of PV and to reinstate letters of administration previously issued to the objectant.

A New York Probate Lawyer said the order was reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the motion of the objectant, EHP, which was to disqualify the petitioner was granted only to the extent of requiring the petitioner to retain new counsel for the estate and that branch of the motion was otherwise denied, that branch of the motion which was to reinstate letters of administration previously issued to the objectant was denied, and the matter was remitted to the Surrogate’s Court, Kings County, for further proceedings.

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A New York Estate Lawyer 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 New Jersey, as a condition to the grant of ancillary administration.

A New York Probate Lawyer said at the time of JDP’s death, his personal estate consisted of personal effects with a value of about $2,500 in New Jersey, and stocks and securities with a value of about $40,000, deposited with a safe-deposit company in the city of Brooklyn.

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A New York Probate Lawyer said 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 estate, and to fix the amount of transfer tax due thereon. Thereafter, the Surrogate of Kings County issued an order confirming the report of the appraiser. This was subsequently affirmed in an order by the Appellate Division of the Supreme Court for the Second Department. Consequently, the applicant appealed. The instant Court affirmed.

On 29 June 1895, DFK died in the city of Brooklyn, leaving a last will and testament. On 10 September 1895, the will was admitted to probate. Only LK, the appellant, qualified as executrix thereof. Subsequently, she petitioned the surrogate of Kings County for the appointment of an appraiser to determine the value of the estate, and fix the amount of transfer tax due therefrom.

A New York Estate Lawyer said the will of the decedent, so far as material to the questions involved in this appeal, provides as follows: ‘I give, devise, and bequeath all my estate, real and personal, of whatsoever kind and wheresoever situated, unto my three sisters, MK, AK, and LK.’

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A New York Estate Lawyer said 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 of the Appellate Division affirming a decree of the Surrogate’s Court settling their account. The instant court modified and affirmed.

The issue here is the validity and effect of certain portions of the will of HH, 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.

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A New York Estate Lawyer said 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 the will, on 4 February 1958, the decedent duly executed a will in accordance with the provisions of Section 21, Decedent Estate Law, and that, at the time of execution, he was fully competent to execute a will and was under no restraint.

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A New York Estate Lawyer said 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 December 1977by the Surrogate of Kings County as guardian of the person for the child.