Legal Opinion
In re the Estate of Zorskas
New York Surrogate's Court
Decided December 14, 2007PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
John B. Riordan, J.
*601In this proceeding for construction of a will, respondent moves for an order dismissing the petition for failure to state a cause of action. The motion is denied, and the court finds the will sufficiently ambiguous to require construction.
Antanas Zorskas died on January 6, 2006. His last will and testament dated December 13, 2004 was admitted to probate by a decree dated March 21, 2007, and letters testamentary issued to his son Peter Zorskas (petitioner) and Ruta Zorskas (surviving spouse) on May 23, 2007.
Article “THIRD” of the will provides:
“THIRD: I…
2Cases cited5 opinions
- Taylor v. . DoddNew York Court of Appeals · 1874
- Isham v. New York Ass'n for Improving Condition of the PoorNew York Court of Appeals · 1904
- In re the Estate of BergerAppellate Division of the Supreme Court of the State of New York · 1977
- In re the Estate of UhlNew York Surrogate's Court · 1940
- In re the Judicial Settlement of the Account of Proceedings of BauerAppellate Division of the Supreme Court of the State of New York · 1942
3Cited by1 opinion
- In re RhodesNew York Surrogate's Court · 2008