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Articles Posted in Manhattan

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New York Appellate Court Declares Prior Will Revoked After Motions for Summary Judgement- In re Harper, 2019 NY Slip Op 50333(U) (N.Y. Surr. Ct., 2019)

The issue before the Surrogate’s Court is whether a copy of a subsequent will is sufficient to revoke a prior will and prevent it from being probated. This matter is related to probating a will dated May 27, 1997, which is purported to be the last will and testament of…

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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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Court Rules in Will Dispute

A New York Probate Lawyer said in this probate proceeding, petitioner, by motion, seeks an order vacating a stipulation of settlement and a renunciation and disclaimer purportedly executed to effectuate the settlement. A Nassau County Probate attorney said that decedent was survived by his spouse (petitioner) and two children of…

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Court Listens to Probate and Discovery Proceeding

A New York Probate Lawyer said that, before the court are a probate proceeding and a discovery proceeding. The decedent, died on June 14, 2008 a resident of Nassau County, survived by her four adult children. Decedent had been married for fifty (50) years. They divorced in April 2001. At…

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Petitioner Seeks to Amend Charitable Trust

A New York Probate Lawyer said that, the testatrix died on April 7, 1970. Her will, dated January 30, 1967, was admitted to probate on June 9, 1970 and letters testamentary issued on June 24, 1970. In Paragraph SIXTH thereof she created a perpetual charitable trust to be known as…

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Petitioner Files Motion to Compel Production of a Will

The proponent, A, in this probate proceeding is a devisee and nominated co-executor under the propounded instrument dated 16 February 1994. A moves for summary judgment admitting the will to probate, dismissing the joint objections filed by B, the decedent’s cousin, who is the beneficiary of a larger bequest under…

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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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