Recent Law Watch ResultsLoislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys. undue influence - undue influenceMAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012) 500728/11 Decided on June 11, 2012 BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ... undue influence - undue influence ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... executor - executor ESTATE OF SHEFNER v. BÉRAUDIERE, 112525/11 (5-31-2012) No. 112525/11 May 31, 2012 Plaintiffs move, pursuant to CPLR 6211, to confirm an ex-parte order of attachment dated November 14, 2001 (the Attachment Order). Defendants move, pursuant to CPLR 327, to dismiss the complaint. Yves Bouvier (Bouvier) moves, pursuant to CPLR 1012 (a), or alternatively, CPLR 1013, for leave to intervene as a party defendant, based upon his alleged ownership interest in a painting by the artist Willem de Kooning entitled Woman in the Garden, II, 1967 (the de Kooning Painting). The de Kooning Painting was... Parties and Procedural Background Plaintiffs are the Estate of Lorette Jolles Shefner (Jolles) Page 3 by its executors, Jolles's son Barry Shefner (Barry), Jolles's daughter Ariela Braun (Ariela), Leon Miller, and a trust set up for Ariela's benefit. Galerie Jacques de la Béraudière (Galerie Jacques)... executor - executor ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... SCPA - SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... undue influence - undue influence IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012) 2011-391/A Decided June 5, 2012 In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the... executor - executor IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... SCPA - SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... SCPA - SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... undue influence - undue influence WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" undue influence - undue influence MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... undue influence - undue influence MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... executor - executor WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" executor - executor MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... SCPA - SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... executor - executor IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012) 500728/11 Decided on June 11, 2012 BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ... undue influence - undue influence ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... executor - executor ESTATE OF SHEFNER v. BÉRAUDIERE, 112525/11 (5-31-2012) No. 112525/11 May 31, 2012 Plaintiffs move, pursuant to CPLR 6211, to confirm an ex-parte order of attachment dated November 14, 2001 (the Attachment Order). Defendants move, pursuant to CPLR 327, to dismiss the complaint. Yves Bouvier (Bouvier) moves, pursuant to CPLR 1012 (a), or alternatively, CPLR 1013, for leave to intervene as a party defendant, based upon his alleged ownership interest in a painting by the artist Willem de Kooning entitled Woman in the Garden, II, 1967 (the de Kooning Painting). The de Kooning Painting was... Parties and Procedural Background Plaintiffs are the Estate of Lorette Jolles Shefner (Jolles) Page 3 by its executors, Jolles's son Barry Shefner (Barry), Jolles's daughter Ariela Braun (Ariela), Leon Miller, and a trust set up for Ariela's benefit. Galerie Jacques de la Béraudière (Galerie Jacques)... executor - executor ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... SCPA - SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... undue influence - undue influence IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012) 2011-391/A Decided June 5, 2012 In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the... executor - executor IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... SCPA - SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... SCPA - SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... undue influence - undue influence WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" undue influence - undue influence MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... undue influence - undue influence MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... executor - executor WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" executor - executor MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... SCPA - SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... executor - executor IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012) 500728/11 Decided on June 11, 2012 BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ... undue influence - undue influence ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... executor - executor ESTATE OF SHEFNER v. BÉRAUDIERE, 112525/11 (5-31-2012) No. 112525/11 May 31, 2012 Plaintiffs move, pursuant to CPLR 6211, to confirm an ex-parte order of attachment dated November 14, 2001 (the Attachment Order). Defendants move, pursuant to CPLR 327, to dismiss the complaint. Yves Bouvier (Bouvier) moves, pursuant to CPLR 1012 (a), or alternatively, CPLR 1013, for leave to intervene as a party defendant, based upon his alleged ownership interest in a painting by the artist Willem de Kooning entitled Woman in the Garden, II, 1967 (the de Kooning Painting). The de Kooning Painting was... Parties and Procedural Background Plaintiffs are the Estate of Lorette Jolles Shefner (Jolles) Page 3 by its executors, Jolles's son Barry Shefner (Barry), Jolles's daughter Ariela Braun (Ariela), Leon Miller, and a trust set up for Ariela's benefit. Galerie Jacques de la Béraudière (Galerie Jacques)... executor - executor ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... SCPA - SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... undue influence - undue influence IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012) 2011-391/A Decided June 5, 2012 In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the... executor - executor IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... SCPA - SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... SCPA - SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... undue influence - undue influence WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" undue influence - undue influence MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... undue influence - undue influence MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... executor - executor WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" executor - executor MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... SCPA - SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... executor - executor IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012) 500728/11 Decided on June 11, 2012 BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ... undue influence - undue influence ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... executor - executor ESTATE OF SHEFNER v. BÉRAUDIERE, 112525/11 (5-31-2012) No. 112525/11 May 31, 2012 Plaintiffs move, pursuant to CPLR 6211, to confirm an ex-parte order of attachment dated November 14, 2001 (the Attachment Order). Defendants move, pursuant to CPLR 327, to dismiss the complaint. Yves Bouvier (Bouvier) moves, pursuant to CPLR 1012 (a), or alternatively, CPLR 1013, for leave to intervene as a party defendant, based upon his alleged ownership interest in a painting by the artist Willem de Kooning entitled Woman in the Garden, II, 1967 (the de Kooning Painting). The de Kooning Painting was... Parties and Procedural Background Plaintiffs are the Estate of Lorette Jolles Shefner (Jolles) Page 3 by its executors, Jolles's son Barry Shefner (Barry), Jolles's daughter Ariela Braun (Ariela), Leon Miller, and a trust set up for Ariela's benefit. Galerie Jacques de la Béraudière (Galerie Jacques)... executor - executor ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... SCPA - SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... undue influence - undue influence IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012) 2011-391/A Decided June 5, 2012 In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the... executor - executor IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... SCPA - SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... SCPA - SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... undue influence - undue influence WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" undue influence - undue influence MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... undue influence - undue influence MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... executor - executor WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" executor - executor MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... SCPA - SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... executor - executor IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012) 500728/11 Decided on June 11, 2012 BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ... undue influence - undue influence ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... executor - executor ESTATE OF SHEFNER v. BÉRAUDIERE, 112525/11 (5-31-2012) No. 112525/11 May 31, 2012 Plaintiffs move, pursuant to CPLR 6211, to confirm an ex-parte order of attachment dated November 14, 2001 (the Attachment Order). Defendants move, pursuant to CPLR 327, to dismiss the complaint. Yves Bouvier (Bouvier) moves, pursuant to CPLR 1012 (a), or alternatively, CPLR 1013, for leave to intervene as a party defendant, based upon his alleged ownership interest in a painting by the artist Willem de Kooning entitled Woman in the Garden, II, 1967 (the de Kooning Painting). The de Kooning Painting was... Parties and Procedural Background Plaintiffs are the Estate of Lorette Jolles Shefner (Jolles) Page 3 by its executors, Jolles's son Barry Shefner (Barry), Jolles's daughter Ariela Braun (Ariela), Leon Miller, and a trust set up for Ariela's benefit. Galerie Jacques de la Béraudière (Galerie Jacques)... executor - executor ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... SCPA - SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... undue influence - undue influence IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012) 2011-391/A Decided June 5, 2012 In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the... executor - executor IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... SCPA - SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... SCPA - SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... undue influence - undue influence WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" undue influence - undue influence MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... undue influence - undue influence MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... executor - executor WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" executor - executor MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... SCPA - SCPA IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... executor - executor IN THE MATTER OF THE ESTATE OF NEILL, 2008-475/A (6-21-2012) No. 2008-475/A June 21, 2012 Decision ~amp~ Order FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced ... undue influence - undue influence MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012) 500728/11 Decided on June 11, 2012 BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ... undue influence - undue influence ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... executor - executor ESTATE OF SHEFNER v. BÉRAUDIERE, 112525/11 (5-31-2012) No. 112525/11 May 31, 2012 Plaintiffs move, pursuant to CPLR 6211, to confirm an ex-parte order of attachment dated November 14, 2001 (the Attachment Order). Defendants move, pursuant to CPLR 327, to dismiss the complaint. Yves Bouvier (Bouvier) moves, pursuant to CPLR 1012 (a), or alternatively, CPLR 1013, for leave to intervene as a party defendant, based upon his alleged ownership interest in a painting by the artist Willem de Kooning entitled Woman in the Garden, II, 1967 (the de Kooning Painting). The de Kooning Painting was... Parties and Procedural Background Plaintiffs are the Estate of Lorette Jolles Shefner (Jolles) Page 3 by its executors, Jolles's son Barry Shefner (Barry), Jolles's daughter Ariela Braun (Ariela), Leon Miller, and a trust set up for Ariela's benefit. Galerie Jacques de la Béraudière (Galerie Jacques)... executor - executor ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be ... The decedent died on September 9, 2009 at the age of 73. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. Although the guardian ad litem for the infant filed a... SCPA - SCPA IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... undue influence - undue influence IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012) 2011-391/A Decided June 5, 2012 In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the... executor - executor IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardian Ad Litem, Attorney Dennis Habel, whose appointment was necessary because the above noted distributee's whereabouts are unknown. However, after the last return date on March 6, 2012 for submission of Attorney Habel's Guardian Ad Litem report, the Court received an unsigned letter dated February 26, 2012, from one of the distributees of the decedent, ... Without specifically referencing the contentions made by Mr. Pratt, the Court declines to address the majority of the allegations made against Attorney Frankel and his handling of this matter for two reasons: (1) the matters raised in his letter are either untimely[fn3]; and (2) simply ... SCPA - SCPA MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... SCPA - SCPA MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... undue influence - undue influence WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" undue influence - undue influence MATTER OF STANTON, 400-A-2006 (6-21-2012) 400-A-2006 Decided on June 21, 2012 In this SCPA 2103 proceeding the petitioning administrator, the decedent's daughter and sole distributee seeks, inter alia, an order pursuant to CPLR 6301 enjoining the respondent and Emigrant Savings Bank (Emigrant) from transferring or utilizing any funds which the decedent deposited in two separate Emigrant joint accounts with right of survivorship in his name and that of the respondent (see Banking Law § 675). The petitioner alleges that, shortly after the decedent's death, respondent closed the two... At the outset it is noted that although this court, in a May 6, 2011 order to show cause, granted a temporary restraining order with regard to the proceeds of the two Emigrant accounts, it declined to do so with regard to issues involving John Hancock Financial Annuities and, neither John Hancock nor... undue influence - undue influence MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... executor - executor WHITE v. FEE, 57828/11 (6-7-2012) 57828/11 Decided on June 7, 2012 Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?" executor - executor MATTER OF NEILL, 2008-475/A (6-21-2012) 2008-475/A Decided on June 21, 2012 FACTS Robert W. Neill ("Decedent") died on January 22, 2008 survived by a son, Eric Neill, a daughter, Carol Sherwood, and six grandchildren. The Decedent's Last Will and Testament, dated June 27, 2000 was admitted to probate, and Letters Testamentary were issued to his two children on March 3, 2008. The Will left each of the Decedent's six grandchildren $25,000.00, and named his two children equal residuary beneficiaries. Due to the Decedent's Alzheimer's disease and advanced dementia that ultimately ... |