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Case Involving Testamentary Assets Transferred to Surrogate Court


This is a case being heard in the Supreme Court, Appellant Division, and Third Department. The case before the court is an appeal from an order made in the Supreme Court at Special Term that granted the defendants motion to remove the action to Queens County Surrogates Court.

Case Background

New York Probate Lawyers said the plaintiff started this action against the defendants to recover the amount of $1000 that was found in the personal effects of the decedent, his uncle. The defendants allege that the money constitutes testamentary assets to be distributed by the Surrogate’s Court. The will of the decedent was offered for probate in the Surrogate’s Court of Queens County and the plaintiff has filed objections to probate.

The defendants moved for summary judgment or for an order to transfer the matter to the Queens County Surrogates Court. The plaintiff made a cross motion for summary judgment. All motions were denied by the Special Term. Manhattan Probate Lawyers said the judge in charge of the case stated the court should not transfer litigation at that time, with or without the consent of the Surrogate Court. The surrogate’s court then consented to the transfer and the defendant moved for the transfer and it was granted. This is the order that is being appealed by the plaintiff.

Case Decision

When considering the entire record of the case we have determined that it is in the best interest of the case to be tried in the Surrogate’s Court. Bronx Probate Lawyers said the Surrogate’s Court has consented to this transfer and has the jurisdiction over the subject matter and parties in the case. The order is affirmed and the appeal by the plaintiff is denied.

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