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THE APPLICATION OF THE AMERICAN CANCER SOCIETY FOR A DETERMINATION AS TO THE TERMINATION OF A TESTAMENTARY LIFE ESTATE UNDER THE LAST WILL AND TESTAMENT OF JOCELYN ASHBY ESCOBAR, DECEASED

IN THE MATTER OF THE APPLICATION OF THE AMERICAN CANCER SOCIETY FOR A DETERMINATION AS TO THE TERMINATION OF A TESTAMENTARY LIFE ESTATE UNDER THE LAST WILL AND TESTAMENT OF JOCELYN ASHBY ESCOBAR, DECEASED. (3280/2001/A) — In this miscellaneous proceeding, the petitioner, the American Cancer Society, the remainder beneficiary ("respondent" or "remainder beneficiary"), seeks a determination that it and the other remainder beneficiary, the United Negro College Fund, Inc., are entitled to possession of certain real property, by reason of the termination of the life estate in said real property given to decedent's nephew, Tricien Ashby ("Ashby" or "movant"). Movant now moves to dismiss this petition pursuant to CPLR §3211(a)(2) on the ground that this court lacks subject matter jurisdiction to entertain this matter.

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IN THE MATTER OF THE APPLICATION OF THE AMERICAN CANCER SOCIETY FOR A DETERMINATION AS TO THE TERMINATION OF A TESTAMENTARY LIFE ESTATE UNDER THE LAST WILL AND TESTAMENT OF JOCELYN ASHBY ESCOBAR, DECEASED. (3280/2001/A) — In this miscellaneous proceeding, the petitioner, the American Cancer Society, the remainder beneficiary (“respondent” or “remainder beneficiary”), seeks a determination that it and the other remainder beneficiary, the United Negro College Fund, Inc., are entitled to possession of certain real property, by reason of the termination of the life estate in said real property given to decedent’s nephew, Tricien Ashby (“Ashby” or “movant”). Movant now moves to dismiss this petition pursuant to CPLR §3211(a)(2) on the ground that this court lacks subject matter jurisdiction to entertain this matter.

The decedent, Jocelyn Ashby Escobar, died on February 29, 2000. On October 31, 2001, her last will and testament dated February 24, 2000, was admitted to probate and letters testamentary were issued to Victor Olmo. Pursuant to paragraph third of said will, decedent left a joint life estate in her residence at 2239 Vanderveer Place, Brooklyn, New York, (“the property”) to her sister Elsie Springer (“Elsie”) and Ashby, subject to the condition that they live in the house until their respective demises, and upon the death of either, their respective share vests in the survivor of them. Upon the death of both, it is directed that the property be sold and the proceeds be equally divided between the American Cancer Society and the United Negro College Fund.

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