ESTATE OF NORMAN KNOX, ALSO KNOWN AS NORMAN KNOX, JR., Deceased

ESTATE OF NORMAN KNOX, ALSO KNOWN AS NORMAN KNOX, JR., Deceased — In this proceeding in which the administrator seeks to compel New York Life Insurance Company (the objectant) to turn over to the estate all annuity payments payable to the decedent's spouse, the objections interposed by the objectant assert lack of subject matter jurisdiction and failure to join an indispensable party; namely, New York Life Insurance and Annuity Corporation (New York Annuity), the entity that allegedly owns and is contractually obligated to make the annuity payments. On the return date of the proceeding the spouse appeared pro se without filing objections and all parties agreed to treat the objections as a motion by the objectant, in effect, pursuant to CPLR 3211 (a) (2) and (10), to dismiss the proceeding. The administrator opposes the motion. Essentially he asserts that because this court's order dated April 29, 2010 directed the spouse to turn over the annuity, and the spouse failed to comply, that order is the law of the case warranting turnover of payments by the annuity issuer.

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ESTATE OF NORMAN KNOX, ALSO KNOWN AS NORMAN KNOX, JR., Deceased — In this proceeding in which the administrator seeks to compel New York Life Insurance Company (the objectant) to turn over to the estate all annuity payments payable to the decedent’s spouse, the objections interposed by the objectant assert lack of subject matter jurisdiction and failure to join an indispensable party; namely, New York Life Insurance and Annuity Corporation (New York Annuity), the entity that allegedly owns and is contractually obligated to make the annuity payments. On the return date of the proceeding the spouse appeared pro se without filing objections and all parties agreed to treat the objections as a motion by the objectant, in effect, pursuant to CPLR 3211 (a) (2) and (10), to dismiss the proceeding. The administrator opposes the motion. Essentially he asserts that because this court’s order dated April 29, 2010 directed the spouse to turn over the annuity, and the spouse failed to comply, that order is the law of the case warranting turnover of payments by the annuity issuer.

The decedent died on July 1, 2004 at the age of 42. His distributees are the spouse and two sons who are not the children of the spouse. Although the spouse filed with the court a testamentary instrument dated September 24, 2003, she failed to take any steps to commence a probate proceeding and in a November 7, 2008 decree the court conditionally granted a motion by the administrator to deny probate of the instrument if the spouse failed to commence the probate proceeding and obtain jurisdiction over all necessary parties by January 5, 2009 (see Matter of Knox, NYLJ, Oct. 2, 2008, at 35, col 1). The spouse failed to proceed to probate by that date, and the branch of the November 7, 2008 decree precluding her from probating the instrument became self-effectuating (see id.; see also Matter of Knox, NYLJ, July 20, 2009, at 30, col 6).

ESTATE OF NORMAN KNOX, ALSO KNOWN AS NORMAN KNOX, JR., Deceased

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