Battle of the Wills in Surrogates Court & an Extrodinary NY Case

NY Case sets precident in removal of Executor

Surrogate's Removal Of Preliminary Executor Without A Hearing Is Affirmed

The Third Department Appellate Division of the New York State Supreme Court has made an unusual ruling in the Matter of Palma, NY Slip Op 03805. It has upheld a decision of the Schenectady County Surrogate which granted a motion to remove a preliminary executrix without first holding a hearing. The lower court had found that the preliminary executrix was conflicted to the point where she could not serve as a fiduciary.
While it was noted that a potential conflict in the absence of actual misconduct is insufficient to warrant the removal of a fiduciary who was the nominee of the decedent for that position, the court found that it did not require a hearing to establish the preliminary executrix's unfitness where she was charged with the responsibility of collecting a note owed to the estate when she, herself, had personally guaranteed the note. Because the court had already been involved in a series of cases involving this estate, the Surrogate had first hand knowledge that the initial obligor under the note was not solvent and would likely be unable to pay, thereby putting the fiduciary in the untenable position of having to collect from herself! Also, in the course of hearing these other matters, the court became directly aware of such a high level of hostility between the respective parties that it was unlikely that they could cooperate under the circumstances at hand.

Because of the direct knowledge which the court had acquired in collateral matters related to this estate, the Appellate Division agreed that there was no need to hold a hearing to remove the fiduciary but that this could be accomplished on motion.


Click on title above to see Palma case;
http://www.nyprobatelitigation.com/archives/practice-and-procedure-surrogates-removal-of-preliminary-executor-without-a-hearing-is-affirmed.html

Inviting Myself to the Partie(s) Pt. II

STATE OF NEW YORK
COUNTY OF RENSSELAER AFFIDAVIT IN SUPPORT
OF PROPOSED MOTION
In the matter of;

George J. Jubic, Plaintiff Index # 214005
v. Robert Jubic & Robert McAllister,
Defendants,


I, Christine A Jubic, being duly sworn, depose and say:

1. That I am the lawful wife of George J. Jubic, the above named plaintiff.

2. That I am an interested party to this action through my marriage to the plaintiff in that we share a common interest in the financial welfare of our marital estate.

3. That I am also an interested party in this case due to the fact that my lawful husband, George J. Jubic, the plaintiff in the case, did lawfully transfer to me his interest in the property in question at 19 Cross St., Troy, NY, same property of which is the subject of this lawsuit. (See “Transfer of Interest, annexed)

4. That based upon my own personal knowledge through conversations had with my husband, the plaintiff, his father, and other friends and family-members, and through research conducted at the County Clerks office, I am familiar with the facts and circumstances of the case.

5. That I realize that through no fault of his own, my husband, the plaintiff, is being forced to prosecute this action without the benefit of counsel, in that the counsel previously retained by him has been permanently disbarred, and he is unable to afford the cost of replacement counsel.

6. That to the best of my own knowledge and belief, my husband is not competent to represent himself in any court of law as he has absolutely no understanding of the relevant law, or of the trial and pre-trial process, or of his rights and/or obligations therein.

7. That I am paralegal with over 15 years experience in litigation and trial matters, both criminal and civil, and am infinitely more qualified than my husband to represent our common interest in prosecuting this case.

8. That I make this proposed motion with my husbands full knowledge, consent, understanding and support. (See “Sworn Affidavit of George J. Jubic, annexed)

9. That based on the information as stated above, I respectfully ask the court to :

(a). Join me pursuant to CVL ss. 1002 or 1001, as a co-plaintiff with my husband in this case, or,

(b). In the alternative, whichever the court deems best, to substitute me altogether as the sole plaintiff in

the case as allowed for pursuant to CVL ss. 1018

(c). That any further proceedings in this case pending on the courts calendar and not related to this instant



motion be postponed and/or delayed until which time this motion can be decided.

WHEREFORE, I pray the court to grant the relief requested in paragraphs (a) (b) & (c) above, and for any such further relief the court may deem just and proper.



Dated__________________________ ____________________________
Christine A Jubic




SWORN TO BEFORE ME

THIS ______DAY OF __________________, 2009




NOTARY PUBLIC

Bob Barker Donates $1 Million for Creation of Animal Law Program

January 13, 2009 — A $1 million gift from animal rights advocate and television personality Bob Barker will establish an animal law program at the University of Virginia Law School.

Dean Paul Mahoney said the Law School and future generations of lawyers will benefit from Barker's commitment to animal rights.

"We are deeply grateful to Mr. Barker for his generous gift, which will enable us to expand our curricular and extracurricular offerings in this important and rapidly developing area of the law," Mahoney said.

Barker, the longtime host of the game show "The Price is Right," is a prominent national advocate on animal rights issues such as pet overpopulation and animal cruelty and neglect. In 1995, he created the DJ&T Foundation in memory of his wife and mother to support free and low-cost spaying and neutering clinics and programs.

The Bob Barker Animal Rights Program will include coursework, guest speakers and a writing competition focused on animal law, which is emerging nationally as an area of legal study, said U.Va. law professor Mimi Riley, who will spearhead the new program.

Barker's gift will enable the creation of Virginia's first formal course focused exclusively on animal law. The Law School plans to debut the class in the 2009-10 academic year.

The gift will also be used to bring in speakers on animal law topics, fund independent study and externship opportunities, and sponsor a writing competition open to all graduate students at the University of Virginia.

Barker has made previous gifts for animal law programs at other law schools, including those at Harvard, Columbia, Georgetown, Duke, Northwestern and Stanford universities and at the University of California, Los Angeles.


http://www.virginia.edu/uvatoday/newsRelease.php?id=7486

Breach of Contract / Statues of Limitations

Suing for Breach of Contract
Click title above to read about breach of contract suits;
http://www.allbusiness.com/legal/litigation/4141-1.html

Subject: Chart Statutes of Limitations in All 50 States

NYS Statue of Limitations for Written Contract: 6 years


NEW YORK
N.Y. Civ. Prac. Laws & Rules § 201 et seq.
Written Contracts; 6yrs
Oral Contracts; 3yrs


Go here to see a state-by-state chart of the statues of limitations on contracts;

http://www.nolo.com/article.cfm/ObjectID/8F7C7F58-A292-433F-AE1E162E16B00023/catID/D80CF756-DBF6-432D-B625E7D1A29183D0/104/308/273/ART/