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Articles Posted in Manhattan

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Court Looks at Jurisdiction Issue in Probate Case

Plaintiffs motion pursuant to CPLR § 1015 seeking to substitute the law firm of K&K as temporary Administrator for the Estate of Mrs. C is denied. A Probate Lawyer said that instead the Public Administrator of Richmond County is hereby appointed as the Temporary Administrator of the Estate of Mrs.…

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Court Determines if Prior Contract Existed

A Probate Lawyer said the plaintiff-Claimant, Mr. W, commenced this day small claims action against defendant, RAL, alleging that owing to the defendant improperly listing the premises claimant purchased as having city sewers when it did not, claimant was forced to incur the cost of installing a sewer line after…

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court Decides Whether or Not Sale of Property Should be Affirmed

A Probate Lawyer said sources revealed that in the instant case, the decedent died insolvent, leaving a last will and testament, which has been duly admitted to probate as a will of real and personal property. The executor and executrix of the deceased, as creditors, petitioned the surrogate’s court for…

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Court Discusses ‘One Dollar Clause’ in Real Estate Case

Probate Lawyers said that records show that this is a proceeding in eminent domain to acquire title to real property required for the widening of an Avenue from one Road to another. This proceeding involves matters of the estate, not pertaining to probate but which affects the estate by the…

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Court Hears Proceeding to Settle an Intermediate Account

A New York Probate Lawyer said in this proceeding to settle an intermediate account of a bank as trustee of two trusts, the appeals are from two decrees of the Surrogate’s Court, Kings County, entered October 27, 1972 and July 30, 1973, respectively. The trustee appeals from so much of…

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Court Determines Juridiction over Real Property in Estate

A New York Probate Lawyer said this action stems from plaintiff’s attempt to purchase certain real property, located at Bronx County (“subject property”), in August 2005, from four members of a family. One of the members, a lady, died testate in February 1986. Under the terms of her Will, her…

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Petitioner Brings Motion Regarding Suspension of Hearing Under SCPA 1404

This is a probate matter which comes on by motion of petitioner following the suspension of a hearing pursuant to SCPA 1404 held at the law office of respondent’s attorney by agreement of the parties. A New York Probate Lawyers said that Petitioner requests three substantive orders related to the…

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Heirs Bring Action Because they were Left Out of Mother’s Will

A New York Probate Lawyer said a woman died survived by one sister and thirteen descendants of pre-deceased siblings. The deceased woman’s nephew, the Executor filed a Verified Petition to Probate a Last Will and Testament, dated April 17, 1996 in which he was the nominated Executor and in which…

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Court Decides if Accounting Fees Should be Granted

A New York Probate Lawyer said that, submitted for decision in this accounting proceeding are the issues of attorney fees and accounting fees. Also submitted is approval of commissions to the Public Administrator. The Public Administrator also asks for approval of the disallowance of the claim of the niece of…

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