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Articles Posted in Long Island

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A Determination is Sought as to the Validity of a Devise of Real Property

In this construction proceeding a determination is sought as to the validity and effect of a devise of real property contained in testatrix’ will. A Probate Lawyer said the testatrix died on May 13, 1932 survived by five daughters, and children of a predeceased daughter. Testatrix’ will dated February 4,…

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Court Decides if Widow Entitled to Maximum Exemption Regarding Estate Tax

Probate Laywers said that sources revealed that the decedent died leaving a joint will entered into with his wife. Under the provisions of that will all property of the person first dying is bequeathed to the survivor; upon the death of the survivor ‘all of the property of which he…

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Court Hears Proceeding to Judicially Settle Decdent’s Final Account

A Probate Lawyer said that incidental to this proceeding to judicially settle decedent’s final account, covering the period from December 1, 1984 to July 31, 1999, is a plea for construction of paragraphs Fifth and Sixth of his will. National Bank (petitioner), the successor executor and trustee under the will,…

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Petitioner Moves to Amend Final Accounting

Probate Lawyers said that in this contested accounting proceeding, the petitioner moves for an order permitting him to amend the final accounting to include trustee’s commissions to which he alleges he is entitled. Respondent opposes the motion. For the reasons that follow, the motion is granted A Kings County Estate…

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Plaintiff Moves to Vacate Prior Court Order Regarding Settlement of Proceeds

A Probate Lawyer said this matter arises out of a fatal, three-vehicle accident which occurred on September 25, 2006 on Interstate 87 in Ulster County, New York. At the time of the accident, the decedent was a front seat passenger in a vehicle being operated by defendant AS which, at…

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Court Questions if Venue is Proper in Case

In this action for medical malpractice, the claimants are represented by the executor of their estate. A Probate Lawyer said the records show that one of the accused has moved the medical malpractice action to change venue pursuant to CPLR section 510(1), claiming that claimants improperly placed venue based on…

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Court Hears Appeal for the Issuance of a Set Off

A Probate Lawyer said in an action to foreclose a materialman’s lien, the appeal is from a judgment of the Supreme Court, Richmond County, dated November 2, 1981, which confirmed the Referee’s decision of July 7, 1981, in favor of the plaintiff and against defendant Corporation in the total amount…

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Court Decides an Action for Ejectment of Public Administrator

Probate Lawyers said the People of the State of New York, by its Attorney-General, have commenced this action in ejectment against the Public Administrator of Richmond County in his capacity as said administrator and as administrator of the goods, chattels and credits of a decease; his widow, if any; his…

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Court Decides Apportionment of Estate Taxes

Probate Lawyers said that according to sources, in two of three consolidated proceedings the trustees under two indentures of Inter vivos trusts, seek judicial settlement of their accounts and construction of certain provisions of the trusts. Specifically, as holders of shares of stock of a regulated investment company (sometimes called…

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Court Reviews Petition to Modify Endowment Fund

A New York Probate Lawyer said this is a petition to modify restrictions on an endowment fund, pursuant to section 8-1.1 of the Estates, Powers and Trusts Law or, in the alternative, section 522 of the Not-for-Profit Corporation Law. Petitioners, Trustees of a University, seek an order authorizing the subdivision…

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