The decedent died on the 9th day of January, 1961, while a patient at the Wolcott Clinic, Wolcott, New York. Thereafter and on the 21st day of February, 1961, the son of the decedent, presented to this Court a petition praying that an instrument in writing dated February 5, 1955,…
Articles Posted in New York City
Plaintiff Seeks to Recover Damages for Breach of Contract
In an action, inter alia, to recover damages for breach of contract, which was commenced in the Supreme Court, New York County, transferred to the Surrogate’s Court, Kings County, and joined with a probate proceeding the defendants appeal, as limited by their brief, from so much of a decree of…
Court Decides Validity of Claim for Public Assistance against Estate
This was a proceeding brought by BS, the executor of the estate of her father, LS, before the Surrogate’s Court of the City of New York, Nassau County, to determine the validity of a claim made by the Nassau County Department of Social Services against the estate for public…
Court Discusses Case Where Second Wife Left Out of Will
This was a proceeding brought before the Surrogate’s Court, Suffolk County, for the accounting of AFS, as administrator c.t.a. of the estate of WPS. A stipulation was submitted to the court for its approval and incorporation into the provisions of an intermediate accounting decree. Jurisdiction has been obtained over…
Petitioner Brings Motion Compelling Appearance of Proponent
This is a motion for an order directing the proponent, who is decedent’s widow, to appear for an examination before trial to enable petitioner to frame objections to the propounded instrument bearing date March 10, 1961, and for other relief. The filing of a petition and service of a…
Petitioner Brings Photocopy of Last Will and Testament to Hearing
This is an uncontested proceeding to probate a copy of the last will and testament of the decedent. The will is dated March 2, 1981, the original of which cannot be located; the decedent died April 4, 1981. The petitioner is the decedent’s daughter-in-law, the surviving spouse of the decedent’s…
Petitioner Files for Hearing on Final Trust Accounting
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. The donor of the power, Mr. AK, died March 3, 1931 leaving a 1927 will which was probated in…
Court Reviews Action Brought by Executor for Fathers Estate
A New York Probate Lawyer said this is a proceeding brought by B, the executor of the estate of her father, LS, to determine the validity of a claim made by the Nassau County Department of Social Services against the estate for public assistance rendered to ZS, LS’s wife, from…
Parties Seek a Judgment as a Matter of Law
A New York Probate Lawyer said that records reflect that in a contested probate proceeding, the objectants appeal from a decree of the Surrogate’s Court, which, after reserving decision on the proponent’s motion pursuant to CPLR 4404 for judgment as a matter of law, made at the close of the…
Court Looks at Will Construction Issue
Probate Lawyers said that according to a Kings County Estate Attorney a Judgment of the Supreme Court, Kings County, dated July 6, 1966, was reversed, with $30 costs and disbursements; plaintiffs’ motion for summary judgment granted; and action remanded to the Special Term for the making and entry of an…