In this case, the Surrogate’s Court was asked by two of the decedent’s creditors to revoke the estate administrator’s letters of administration because in petitioning the court for letters of administrator, the petitioner mispresented his status as a distributee of the decedent’s estate. The decedent, J. Young, was a successful…
A New York Probate Lawyer said that, before the court is the motion of the nominated successor co-trustee of the trusts created under Paragraphs Second, Third and Sixth of the will of the decedent. Movant seeks summary judgment pursuant to CPLR 3213 granting his petition for appointment as successor co-trustee…
In 1982, the decedent, I. Berk, executed a will naming his sons, J. Berk and H. Berk, as the co-executors of his estate. The will also left his entire estate to his sons and his grandchildren. I. Berk was a successful businessman with substantial assets. Over time I. Berk’s physical…
In this case the Surrogate’s Court had to determine whether to probate a carbon copy of a will where the original was purported inadvertently lost or destroyed. According to the two witnesses, the decedent, L. Levinsohn, executed a will on or about February 27, 1948. They testified that all legal…
In this case the Surrogate’s Court considered whether certain language in a will is a mandatory condition of a beneficiary’s receiving a bequest or is merely precatory language. In her will, decedent Moore left her residuary estate to a beneficiary who was a resident of Poland. The language of the…
This is a Mandamus case by the People, on the relation of individual. From an order of the Appellate Division in the Second Judicial Department, reversing an order of the Kings Special Term, which granted relator’s motion for peremptory writ, plaintiff appeals. The relator was duly elected the surrogate of…
Testatrix died on March 21, 1954, leaving surviving her son as her only distributee. Her will was admitted to probate June 2, 1956. The delay was caused by difficulty in locating testatrix’ son. The will nominated the attorney-draftsman as executor and trustee but he renounced and the niece of testatrix…
This action is in the nature of quo warranto, brought by the attorney general upon his own information, pursuant to section 1948 of the Code of Civil Procedure. The action is primarily against certain persons alleged to have usurped and entered into the office of city magistrates in the boroughs…
In an action, inter alia, to set aside a conveyance of certain real property, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County as granted the plaintiffs’ cross motion to disqualify the law firm from representing him in the…
In this case the Supreme Court considered whether a decedent’s intention was to make a testamentary gift or if the language was actually precatory. If the language was precatory, it is optional, and the executors are not required to enforce it. On the other hand, if the language was mandatory,…