Legal Opinion

In re the Estate of Pozarny

New York Surrogate's Court

Decided July 22, 1998PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph S. Mattina, S.

This casé, and an analogous matter decided on the same day, raise troubling questions about the use of preprinted or form living trusts, which are now being heavily marketed in New York State. The instant case is especially disturbing because its trust takes the form of loose pages contained in a three-ring binder. The proceeding was initiated by the petition of Anthony Campagna (hereinafter the petitioner) for the probate of the will of Harold Pozarny, who died on September 9, 1996. The decedent’s will, executed April 30, 1996, leaves his entire…

2Cases cited21 opinions

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
  3. In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
  4. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  5. Greene v. . GreeneNew York Court of Appeals · 1891

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3Cited by5 opinions

  1. In re the Estate of WickwireAppellate Division of the Supreme Court of the State of New York · 2000
  2. In re the Estate of KlosinskiNew York Surrogate's Court · 2002
  3. In re the Estate of StiefelAppellate Division of the Supreme Court of the State of New York · 2005
  4. Limb v. AldridgeCourt of Civil Appeals of Oklahoma · 1998
  5. Otto Interiors, Inc. v. NestorCivil Court of the City of New York · 2003

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