ESTATE OF LUIS ARMANDO CRUZ, SR., Deceased (2624/08)—In this probate proceeding, petitioner, the nominated executor, Luis Armando Cruz, Jr., has offered decedent’s will dated April 24, 2008, for probate and requested that letters testamentary issue to him. Objections have been interposed by decedent’s daughter, Carmen G. Cruz, the nominated successor executor. These objections are limited to the qualifications of the petitioner to serve and not to the admission of the will to probate. The objections contend that petitioner is ineligible to receive letters testamentary due to his dishonesty. SCPA §707(1)(e). Petitioner now moves for summary judgment dismissing the objections and the cross-petition, and for an Order granting him letters testamentary and admitting the will to probate.
The objectant alleges that petitioner committed perjury in a proceeding in Supreme Court where when seeking an Order granting him the right to make funeral arrangements he submitted a fraudulent affidavit stating that decedent was going to be buried, in a plot purchased prior to his death, in Evergreen Cemetery. However, when she, her mother and her siblings went to Evergreen Cemetery they learned that her father was not buried there but rather in Cypress Hills Cemetery. Objectant also claims that petitioner had them removed from the funeral home. Objectant argues that these actions by petitioner evidence he violated the requirements of honesty and providence.
