A will was written, signed, attested, to conform to the legal requirements of law on probate. The testator’s intention to give his estate to his heirs was set. The presence of competent witnesses to a Notary Public was noted. Children of the decedent who acted as respondents moved to force…
Articles Posted in Wills
Court Rules on Will Contest between Brothers
A testator in her lifetime made a will. Her husband and three children outlived her. The will was brought to a probate court for legal procedure. Named in the instrument were the three adult children as co-executor with full power over the estate of the decedent. Not mentioned in the…
Petitioner Claims Will was not Duly Executed
Decedent died, survived by four children. Testator had written, signed and attested his will and named his sister as the executor of the will. Only the daughter objected the probate proceeding. In his will, decedent directed his sister to distribute his entire estate. The document reflected that the attesting witnesses…
Court Decides Will Contest Case
The testator before his death had written a will. He freely gave all his estate to his living heirs except for his erring daughter. Upon his death, his living wife who then was suffering from a disease brought the will and testament to an estate administration court. Her cousin and…
Court Discusses No Contest Clauses in Wills
A will executor petitioned in Court to probate the will and the recovery of property alleged asset of the estate. The examinations of the attorney-draftsman, the nominated executor and the attesting witnesses have been completed. Respondents are children of the deceased and grandchildren from a predeceased son. In support of…
Court Hears Complex Estate Litigation Matter
Surrogate’s Court, entered and admitted the document to probate as the last will and testament of testator. The decedent, a physician, married his first wife who died before probate of the will. Testator’s daughters from his first wife petition the court for probate the will testators have written in their…
Court Hears Case Regarding Family Dispute Over Will
The appeal concerns a family dispute over the last Will and testament of the mother. The court is asked to determine whether various actions undertaken by the respondent sons in relation to the validation of the Will violated the apprehensive clause contained in the ninth paragraph of the Will. Based…
Court Addresses Executor Fee Dispute
A man from New York City executed a Will and its appendices and named a German Catholic Church his principal beneficiary in his last will and testament. The Will was challenged by the executors of a prior will executed in 1972. The appellant firm that represented the deceased man appealed…
Court Decides on Jurisdictional Issues with Decedent Will
A New York resident executed a will in 1950 leaving one-third of his residuary property outright to a daughter of a previous marriage and the remainder in trust for his second wife. She was to receive the income for life and was given a power of appointment over the principal…
Court Decides Case with Multiple Wills
A deceased man from Niagara County made five wills all of which have some beneficiaries who are different from Will to Will. The wills are dated March 2, 1993, July 15, 1992, April 24, 1992, March 15, 1989 and September 24, 1987. Two of these Wills have currently been offered…