Legal Opinion

In re the Estate of McElroy

New York Surrogate's Court

Decided December 19, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Anthony A. Scarpino, Jr., J.

Incident to this contested probate proceeding are two motions: (i) by John Sebastian Vaneria, Esq., as guardian ad litem *690(GAL) for Olivia McElroy, to disqualify proponent’s counsel on several grounds including a conflict with his ward; and (ii) by proponent’s counsel, a cross motion to terminate the appointment of the GAL.

Mary D. McElroy (decedent) died testate on March 11, 2011 at the age of 91. She was survived by one child, Olivia McElroy. Under her will dated November 18, 2010, decedent gave her personal property to Olivia, $6,000 to…

2Cases cited3 opinions

  1. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  2. Nationwide Associates, Inc. v. Targee Street Internal Medicine Group, P.C.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Caravousanos v. Kings County HospitalNew York Supreme Court · 2010

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