New York Surrogate Court, New York
In re: Application of Co-Executor B.D. for the determination of the Validity of the Will of AR
July 23, 2018
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Surrogate Court Decides Will Construction Case
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Appellant’s Claim Barred Due to Res Judicata, Collateral Estoppel
Matter of A.
NY Slip Op 05842
The co-executor of the estate petitioned the court pursuant to 2103 to determine if certain funds were withheld from the estate of A. This appeal is from 2 Surrogate Court orders brought by A.S. Those orders denied AS her cross-motion pursuant to CPLR 3211(a)(5) to dismiss the petition regarding two bank accounts. This appeal is dismissed. The second order superseded the first. One bill of costs is awarded to petitioner, payable to A.S.
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The Estate of CF v The City of New York
The respondent MJP holdings moves for an order dismissing the petition for lack of subject matter jurisdiction, and because a prior action is pending for the same issue in a different court.
Despite the fact that the proceeding was heard on 6/1/18, the history of this case goes back 40 years, starting with the death of the decedent’s grandmother CP. That litigation was only settled in 2017. Her 2 children have passed away. The estate of one child, J, is in litigation. The case with the other child, M, is being litigated as well.
The parties involved here are the petitioner, who is the executor of the decedent’s estate, the grandchild of the decedent, and daughter’s husband, and MJD Holdings.
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Will Contenst Ends in Summary Judgment
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Matter of M.N.
NY Slip Op 02473
Decision
This hearing was made pursuant to Mental Hygiene Law Article 81. The purpose was to appoint guardians to a person and property for Mr. & Mrs. D, who appealed a previous decision whereby the Petitioners had successfully requested to set aside a deed from July 19, 2013 because of undue influence and incompetence, and to declare the judgment void.
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Matter of Bonnano
2017 NY Slip Op 04436
June 7, 2017
Giovanna Bajic and Angela Franke petitioned the probate court via SCPA 1420 for a will construction issue. They are appealing for an Order and Decree by the Queens County Surrogate Court, dated March 30, 2016. This court had denied their Motion for Summary Judgement and Petition.
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The Matter of West
NY Slip Op 01314
February 21, 2017
On October 19, 2015, the Surrogates Court entered a will into probate. The court granted the respondent’s motion for summary judgment.