This is a case being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. The case involves a contested probate proceeding. The proponent in the case is appealing a decree made in the Surrogates Court of Queens County made on the 25th of…
Articles Posted in Brooklyn
Court Determines if Will is Valid
This case involves a probate proceeding and is being heard in the Surrogate’s Court of Kings County. A New York Probate Lawyer said he instrument that is offered for probate in this matter is written on a regular piece of notebook paper that has been folding in half to form…
Court Revokes Commissions Collected by Executor
This is a decision made in the Surrogate’s Court of the State of New York in Nassau County after a bench trial of the accounting of the executor of the estate. Before the trial the objectant by an order to show cause sough the revocation of letters testamentary that were…
Appellants Bring Appeal Regarding Codicil
This is a matter dealing with the probate of a last will and testament. This case is being held in the Second Department, Appellate Division of the Supreme Court of the State of New York. Appeal The appellants are appealing and order that was made in the Surrogate’s Court of…
Court Reviews Stipulations Made in Divorce Decree
This matter deals with the estate of Michael Pavese who is deceased. A New York Probate Lawyer said the main issue before the court is whether or not the stipulations that were made with his spouse Barbara Pavese during their divorce action are valid and enforceable. Barbara Pavese has petitioned…
Court Discusses Cy Pres Doctrine
The Facts of the Case: On 15 June 2004, the decedent died testate at the age of 74 years of old, without a spouse or issue. The decedent’s last will and testament dated 21 November 1996 was admitted to probate, a will contest proceeding, by decree dated 29 September 2005.…
Plaintiff Brings Will Contest Action
This case deals with the plaintiffs Henry Rogers Benjamin Jr. individually and as the trustee of the trusts under article 13 of the will of Henry Rogers Benjamin, William E. Benjamin II, and William E. Benjamin III, Anne R. and Henry Rogers Barry, Douglas Benjamin, Gregory Benjamin, Theodore Benjamin, Christopher…
Court Looks at Construction of Will
This involves a case where the court uphold the principle that the intention of the testatrix is of paramount importance which must be respected after it has been presented and admitted to probate. If the executrix intends to dispose the subject property in the will, the court suggested that she…
Court Looks at Intention Underlying Will Documents
The Facts: On 27 December 1919, a testatrix died leaving a will dated 11 February 1905 which was duly admitted to probate on 18 June 1920. Except for the printed portions of the form used, the instrument was entirely written by pen and ink. After providing for the payment of…
Petitioner Seeks Order
The petitioner has filed for an order to show cause before the court. The petitioner seeks an order under Rule 137 of the Rules of Civil Practice to direct respondent to appear and testify pursuant to a Commission issued out of the Probate Court of the Commonwealth of Massachusetts, Middlesex…