In re the Estate of Tobin

Appellate Division of the Supreme Court of New York

In re the Estate of Tobin

261 A.D.2d 627, 688 N.Y.S.2d 916, 1999 N.Y. App. Div. LEXIS 5692

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1999

StatusPublished

This text of 261 A.D.2d 627 (In re the Estate of Tobin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Tobin, 261 A.D.2d 627, 688 N.Y.S.2d 916, 1999 N.Y. App. Div. LEXIS 5692 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to EPTL 8-1.1 to determine a charitable bequest, the appeal is from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated May 19, 1998, which denied the motion of Independent Engine Co. 2, a volunteer fire company, to vacate a prior decree of the same court, dated November 26, 1997, entered upon its default in answering the petition, deeming Article Third (i) of the Last Will and Testament of Gertrude L. Tobin to be void and of no force and effect, and vesting 5% of the residuary estate equally in six other volunteer fire companies.

Ordered that the order is affirmed, with costs payable by the appellant.

The Surrogate properly determined that the appellant presented neither a reasonable excuse for its default nor a meritorious defense which would justify the vacatur of the default (see, Roussodimou v Zafiriadis, 238 AD2d 568; see also, [628]*628Matter of Kraetzer, 119 Misc 2d 436, 437-438; Matter of Axe, 89 Misc 2d 86, 88-89; Leardon v Dart, 175 Misc 318). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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—In a proceeding pursuant to EPTL 8-1.1 to determine a charitable bequest, the appeal is from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated May 19, 1998, which denied the motion of Independent Engine Co. 2, a volunteer fire company, to vacate a prior decree of the same court, dated November 26, 1997, entered upon its default in answering the petition, deeming Article Third (i) of the Last Will and Testament of Gertrude L. Tobin to be void and of no force and effect, and vesting 5% of the residuary estate equally in six other volunteer fire companies.

Ordered that the order is affirmed, with costs payable by the appellant.

The Surrogate properly determined that the appellant presented neither a reasonable excuse for its default nor a meritorious defense which would justify the vacatur of the default (see, Roussodimou v Zafiriadis, 238 AD2d 568; see also, [628]*628Matter of Kraetzer, 119 Misc 2d 436, 437-438; Matter of Axe, 89 Misc 2d 86, 88-89; Leardon v Dart, 175 Misc 318). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

261 A.D.2d 627, 688 N.Y.S.2d 916, 1999 N.Y. App. Div. LEXIS 5692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-tobin-nyappdiv-1999.

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