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Articles Posted in Bronx

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Widow Refuses to Submit Will to Probate

In a probate proceeding, the decedent’s widow, appeals from stated portions of a decree of the Surrogate’s Court, Kings County, dated February 13, 1991, which, inter alia, upon refusing to admit a will to probate, impressed a constructive trust upon the entire estate for the benefit of the beneficiaries named…

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Court Hears Petitioner’s Application for Certificate of Letters of Administration

A New York Probate Lawyer said that, this is an application for a certificate of letters of administration, which involves a question as to the status of the county treasurer as administrator, on which question there appears neither direct statutory provision nor decision directly in point. A Nassau Estate Lawyer…

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Petitioner Seeks to have Will Codicil Admitted into Probate

A New York Probate Lawyer said that, this is an uncontested proceeding to probate a copy of the last will and testament of the decedent. The will is dated June 26, 2002, the original of which cannot be located. The petitioner is the nominated alternate executor, the decedent’s daughter. The…

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Court Decides Disposition of Family Business in Estate Case

A New York Probate Lawyer said the decedent died a resident of Nassau County in December 2010, survived by his sister, the petitioner; and by his brothers, respondent and movant herein. The decedent’s last will and testament executed in May 2000 was offered for probate by the petitioner, who is…

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Family Contends Mothers Will is Invalid Due to Lack of Capacity

A New York Probate Lawyer said a last will was executed approximately one year prior to the owner’s death at the age of 89. Her successors are her three post-deceased children and her two daughters. But, the probate petition was not filed more than twenty years after the woman’s death.…

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Court Decides if Bequest to Decendent’s Friend is Valid

A New York Probate Lawyer said that, in this uncontested proceeding to probate a will dated December 2, 1991, the issue presented is whether the bequest to decedent’s friend is void under EPTL 3-3.2 in light of the fact that he was one of the three attesting witnesses and that…

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Plaintiff Moves for Summary Judgment Regarding Property Dispute

A Bronx Estate Litigation Lawyer said that, plaintiff asserts that summary judgment should be granted in his favor. He was married to his wife in January of 1995. New York Probate Lawyer said that on January 30, 1995, property was purchased at 2426 St. Raymond Avenue in Bronx County and…

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Court Rules on Petition to Sell Estate Property

A New York Probate Lawyer pursuant to SCPA Article 19, the executrix, the decedent’s sister, commenced this proceeding for an order allowing her to sell mortgaged real property allegedly belonging to the estate so that she may reimburse herself and another distibutee for various estate administration and other expenses. There…

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Court Discusses the Rule of Perpetuities

A New York Probate Lawyer said that a woman died on March 1, 1968 and her will dated October 8, 1958 was admitted to probate on March 20, 1968. On August 29, 1968, the appellee filed his petition for construction and revocation wherein he renounced any disposition and bequest made…

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