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Articles Posted in Wills

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Court Rules on Accounting Proceeding

A New York Probate Lawyer said this is an accounting proceeding in which the court is asked to determine whether assets of the estate located in New York should be distributed directly to legatees or whether they should be transmitted to the California administrator for distribution there. A New York…

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The issue in this case is whether the restrictive provision that was placed in the probate decree should be removed.

A New York Probate Lawyer said that, the decree admitting this testator’s will to probate restrained the executor from paying or satisfying any legacy or distributive share until further order of the Surrogate. The executor now moves to have such restriction removed. The facts essential to a decision are not…

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Court Decides Issue of Jurisdiction Between U.S. and British Honduras

A New York Probate Lawyer said that, the Government of British Honduras, appearing specially, petitioned this court for permission to appear specially in the contested probate proceeding for the purpose of taking appropriate steps to assert its rights in that proceeding. It alleges that the decedent was domiciled in British…

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Court Looks at Validity of Will Pursuant to Sec. 22a of Decedent Estate Law

A New York Probate Lawyer said that, the decedent, a resident of this county, died in Great Barrington, Massachusetts on July 27, 1959. An instrument executed by her in Massachusetts has been submitted for probate. The facts regarding its execution are undisputed. The instrument was written, upon instructions of the…

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Court Decides if Widow Can Seek and Order Under Sec 20 of Surrogates Court Act

A New York Probate Lawyer said that, the petitioner, asserting a status as the widow of the deceased, seeks an order under section 20 of the Surrogate’s Court Act re-opening the decree admitting the will to probate. In support of her application she relies upon the omission of the respondent…

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Petitioner Seeks Summary Judgment on Turnover Petition

A New York Probate Lawyer said that, the administrator of the estate of the decedent, and petitioner in a turnover proceeding against respondent Companies, and law firm counsel to the Public Administrator of the County of New York, now seeks summary judgment and treble damages. Respondent cross-moves for summary judgment,…

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Case Issue is Whether Court Erred in Denying Probate of a Will

A New York Probate Lawyer said that, the decree denying probate to the propounded instrument reserved for determination by supplemental decree all applications for costs, allowances, and fees. The attorney for petitioner who claims to be the sole statutory distributee of the decedent, asks the court to fix his reasonable…

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Court Dicusses Trust with PourOver Will for Infant

New York Probate Lawyers said that, the report of the guardian ad litem for infant remainder men of the residuary trusts makes certain recommendations, some of which are in reality objections to the account. A New York Estate Administration Lawyer said that, a trust which the decedent had created provided…

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Court Discusses Powers of Executor Regarding Prior Will

A New York Probate Lawyer said that, the proponent of the will of the decedent seeks a protective order with respect to a notice to examine under SCPA 1404. The decedent died on July 9, 1995, survived by her daughter, as sole distributee. She was also survived by her granddaughter,.…

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Creditor Requests for Ancillary Letters of Administration

A New York Probate Lawyer said that, a person claiming to be a creditor of the decedent applies for the issuance to him of ancillary letters of administration. It is conceded that the decedent was domiciled in Ohio, and that letters of administration were issued by a competent tribunal of…

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