PEARL BOATWRIGHT, DECEASED. JANICE CLARK, APPELLANT-res; STANLEY BOATWRIGHT, resres

MATTER OF PEARL BOATWRIGHT, DECEASED. JANICE CLARK, APPELLANT-res; STANLEY BOATWRIGHT, resres — (FILE NO. 273/99)In a turnover proceeding pursuant to SCPA 2103 to recover certain property on behalf of a decedent's estate, Janice Clark appeals, as limited by her brief, from so much of a decree of the Surrogate's Court, Kings County (Lopez Torres, S.), dated March 7, 2012, as, upon an order of the same court dated October 15, 2007, made after a hearing, determining that certain real property was not an asset of the estate, and upon an amended decision of the same court dated October 21, 2011, made after a nonjury trial, determining that the proceeds of two bank accounts were assets of the estate, granted the amended petition to the extent of directing Janice Clark to pay the principal sum of $51,968.43, and the petitioner cross-appeals, as limited by his brief, from so much of the same decree as directed Janice Clark to pay to him individually, rather than to the estate, the principal sum of only $51,968.43.

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MATTER OF PEARL BOATWRIGHT, DECEASED. JANICE CLARK, APPELLANT-res; STANLEY BOATWRIGHT, resres — (FILE NO. 273/99)In a turnover proceeding pursuant to SCPA 2103 to recover certain property on behalf of a decedent’s estate, Janice Clark appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Kings County (Lopez Torres, S.), dated March 7, 2012, as, upon an order of the same court dated October 15, 2007, made after a hearing, determining that certain real property was not an asset of the estate, and upon an amended decision of the same court dated October 21, 2011, made after a nonjury trial, determining that the proceeds of two bank accounts were assets of the estate, granted the amended petition to the extent of directing Janice Clark to pay the principal sum of $51,968.43, and the petitioner cross-appeals, as limited by his brief, from so much of the same decree as directed Janice Clark to pay to him individually, rather than to the estate, the principal sum of only $51,968.43.

ORDERED that the decree is modified, on the law, by deleting the provision thereof directing Janice Clark to pay to the petitioner individually the principal sum of $51,968.43, and substituting therefor a provision directing Janice Clark to pay the principal sum of $103,936.86 to the decedent’s estate; as so modified, the decree is affirmed insofar as appealed and cross-appealed from, with costs to the petitioner.

PEARL BOATWRIGHT, DECEASED. JANICE CLARK, APPELLANT-res; STANLEY BOATWRIGHT, resres

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