Legal Opinion
In re the Estate of Francis
New York Surrogate's Court
Decided March 5, 2008PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Anthony A. Scarpino, Jr., S.
This discovery proceeding presents a novel question whether an exoneration clause in a power of attorney is enforceable.
Pending before the court is a motion for summary judgment by the administrator of the estate of Frances E. Francis (decedent) against respondent Donald Maloney, as an attorney-in-fact. Petitioner seeks the turn over of decedent’s assets, to set aside a tenancy agreement and for an order compelling respondent to account. Respondent has cross-moved to dismiss the proceeding as time-barred.
Decedent died intestate on November 24,…
2Cases cited23 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
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3Cited by2 opinions
- In Re the Judicial Settlement of the Intermediate Account of HSBC Bank USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2012
- Siegel v. JP Morgan Chase BankDistrict Court of Appeal of Florida · 2011