Surrogate Nora Anderson
In a contested probate action, co-petitioner Bock moved to strike beneficiary Corcoran Gallery of Art's objections to the probate of the propounded instrument claiming Corcoran lacked standing to object. Bock did not dispute Corcoran had an interest as one half taker in default of decedent's exercise of her power of appointment granting it standing to object. Yet, Bock noted Corcoran failed to meet the second requirement of Surrogate's Court Procedure Act §1410—that the person be "adversely affected." The court noted if objectants were successful in the will contest, Corcoran would become taker in default of some value of a trust, finding as long as there was some possibility the trust may potentially exceed $25 million, the value of a painting it would receive if the will was not defeated, then Corcoran had a right to protect that interest. It ruled anyone who would be deprived of property in the broadest sense of the word was authorized to appear, concluding that the equities favored Corcoran, which would lose the opportunity to protect its interest if Bock's motion were granted. Thus, the court found Corcoran had standing to object to decedent's will, denying Bock's application entirely.
