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Surrogate Rita Mella

 

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Petitioners co-executors sought court authorization to satisfy three promissory notes decedent executed as borrower, and payable to his daughter Edith—one of the petitioners and co-executor in this unopposed application SCPA 1805 petition. They sought to pay the notes when funds became available to the estate through financing or sale of decedent’s townhouse. Decedent, survived by five children, gave tangible personal property, townhouse, out-of-state property and residuary estate to the children in equal shares. Petitioners claimed the three notes decedent executed before death were to help him meet expenses to continue residing in the townhouse. Petitioners also sought authorization to pay on three additional notes executed on the estate’s behalf by them as borrowers, with each, individually, as lender, to pay estate administration expenses. The court noted, on the record petitioners presented, they showed execution of the initial three notes contained an unequivocal promise to pay, and decedent’s failure to make payments. Thus, they established prima facie valid claims based on the notes. Also, while not decedent’s debt, petitioners’ unopposed request for approval of sums they advanced for the estate’s benefit to cover expenses was also granted.

Surrogate Rita Mella

 

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Petitioners co-executors sought court authorization to satisfy three promissory notes decedent executed as borrower, and payable to his daughter Edith—one of the petitioners and co-executor in this unopposed application SCPA 1805 petition. They sought to pay the notes when funds became available to the estate through financing or sale of decedent’s townhouse. Decedent, survived by five children, gave tangible personal property, townhouse, out-of-state property and residuary estate to the children in equal shares. Petitioners claimed the three notes decedent executed before death were to help him meet expenses to continue residing in the townhouse. Petitioners also sought authorization to pay on three additional notes executed on the estate’s behalf by them as borrowers, with each, individually, as lender, to pay estate administration expenses. The court noted, on the record petitioners presented, they showed execution of the initial three notes contained an unequivocal promise to pay, and decedent’s failure to make payments. Thus, they established prima facie valid claims based on the notes. Also, while not decedent’s debt, petitioners’ unopposed request for approval of sums they advanced for the estate’s benefit to cover expenses was also granted.