In 1970, a doctor executed a will prepared by his attorney. The original will was retained in the attorney’s files and the doctor was given a conformed copy. The attorney died in 1972 and the doctor died in 1979, at which time the original will could not be located in…
Articles Posted in Wills
Validity of a Will Questioned
A woman died in a nursing home and her will was validated in the court. The legal representative, whom she appointed, filed a petition containing an accusation of the jurisdictional fact that the woman died in her residency. It named, among others, the hospital as a beneficiary in the sum…
Court Rules on Complex Wills Case
A son of a deceased man who filed an objection in a probate proceeding and the petitioner in an administration proceeding that was consolidated with the proceeding, has now noticed for settlement a decree dismissing the validation petition. He has also moved to have his application for letters of administration…
Petitioner Contends Negligence of Guardian
A guardian for an old man is accused of gross negligence, malpractice, inaction, unlawful and breach of authority relationship regarding his conduct and/or lack thereof in exercising a certain right of election on the old man’s behalf against the last will and testament of his deceased son. The claim for…
Court Decides Will Contest
A woman died and signed a will two days prior to her death. The will state that she left her entire estate to one man. But, she did have another will dated many years prior to her death. It states that she left her assets to her brother and sister,…
Grandchild of Decedent Files Will Contest
A woman has petitioned the court to vacate the probate of a will of a deceased person whom she is not related to and to permit her to file objections to the validation. The deceased man’s will was admitted to validation by the court and the estate was distributed in…
Court Decides Will Probate Matter
A man filed a motion to withdraw a waiver and consent he did for the legal validation of his cousins will. And, this motion is opposed by the primary representative of the estate and the four charities who are the beneficiaries under certain instruction. This happened five months after the…
Court Decides Interesting Jurisdictional Will Issue
In 1924, a woman died a resident of New York County leaving a will which was validated in New York County. In her will, she created a trust, the income of which was to go to her brother for life, the remainder to his next of kin, subject, however, to…
Court Rules on Complex Will Contest Matter
In 1958, a woman from Salamanca, New York died and left her surviving two sons and daughter, all of full age, and several grandchildren. A document purporting to be the last will and testament of the deceased, with a petition for validation was duly filed with the court. The will…
Court Decides Will Contest Case
An 87 year old deceased rich man who was never married and had no children had invested wisely and left a non-specific estate of over $7,000,000. His latest will executed left his residuary estate in equal shares to his sister, his brother, two children of his predeceased brother and his…