Legal Opinion
In re the Estate of D'Elia
New York Surrogate's Court
Decided April 10, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Edward W. McCarty III, J.
In this probate proceeding, the guardian ad litem appointed *356for the two minor children of the decedent’s predeceased daughter has filed his report. The guardian ad litem has advised the court that there is an issue as to whether the residuary bequest in the purported will is defective because it pours over into a trust which was not in existence at the time the purported will was executed. Accordingly, the court must determine the effectiveness of the pour-over provision, as well as the guardian ad litem’s fee.
The decedent, Anthony J. D’Elia, died…
2Cases cited11 opinions
- In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
- In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
- In Re the Will of FowlesNew York Court of Appeals · 1918
- In re the Estate of PottsNew York Surrogate's Court · 1924
- In re the Estate of McCranorAppellate Division of the Supreme Court of the State of New York · 1991
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