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Petitioner Challenged Bequest of Retirement Account


This case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. A New York Probate Lawyer said this is an appeal made by the petitioners of the matter. The petitioners are appealing an order that was made in the Surrogates Court of Queens County. The order denied their motion for summary judgment on their petition and determined that the bequest of a certain retirement account to others.

Court Discussion and Decision

The petitioner’s contend that the Surrogates court made an error in finding that the bequest was a specific bequest. However, this contention is contrary to the findings made in this court. The subject bequest was reviewed by this court and it is found that the Surrogate’s court made the correct decision in this matter.

The order is affirmed and the costs are to be paid by the petitioners personally. All of the remaining contentions of the petitioners are found to be without merit.

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