Surrogate John Czygier Jr.
Co-petitioners sought a determination that bequests made under Article FOURTH and FIFTH of decedent’s will adeemed under Estates Powers and Trusts Law 3.4.4, among other things. A guardian ad litem (GAL) was appointed to represent the interests of two beneficiaries whose whereabouts were unknown. The GAL filed a report recommending the account be settled and the court determine the bequest to his wards adeemed. The court noted it agreed with the GAL that jurisdiction on the GAL’s wards was complete through service by publication, thus concluding jurisdiction was obtained over all persons listed in the petition as necessary parties, and no one appeared in opposition to any of the requested relief. Also, Petitioner’s attorney informed the court decedent had a guardian appointed for her, who affirmed that upon her appointment she closed two Chase accounts specifically referred to in Article FOURTH of the will. The guardian further contended the full proceeds of the accounts was spent on decedent’s care. Therefore, the court ruled, in accordance with the GAL’s recommendation, and in the absence of opposition, the legacies under Articles FOURTH and FIFTH were deemed to have adeemed.
