- Surrogate's Court, Bronx County
- Jul 11 2017 (Date Decided)
- Surrogate Malave-Gonzalez
ESTATE OF ALONZO UPTON, Deceased (17/5) — In this estate there are two contested proceedings: (1) a probate proceeding wherein the proponents, who are a cousin of the decedent and two attorneys, seek to probate a testamentary instrument dated May 29, 2015; and (2) a proceeding commenced by one of the decedent's three daughters, his only distributees, seeking to invalidate the Alonzo Upton Self-Declaration of Living Trust, also dated May 29, 2015 (the "Trust"). The instrument offered for probate, inter alia, pours the entire estate into the Trust and thereafter provides for distribution pursuant to the terms of the Trust in the event the Trust fails; none of the decedent's distributees are beneficiaries under the propounded instrument or the Trust. Objections to probate were filed by one the decedent's daughters. A conference shall be held at 9:30 a.m. on the return date of the citation to be issued pursuant to SCPA 1411. Proof of service as directed herein shall be filed at least two days before the return date of the citation.
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