Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

DuBois v. Beaury

Estate Dismissed From Suit; Estate Not Legal Entity, Surrogate's Court Lacks Jurisdiction

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Pending before the Court is Defendant Estate of Harry Corbitt’s (“Defendant Estate”) motion to dismiss. See Dkt. No. 6.1 Defendant Estate asserts that the Court should dismiss the complaint against it because no estate has been created; and, even if it had, an estate lacks the capacity to be sued. See Dkt. No. 6-1 at 2. Harry Corbitt passed away on May 2, 2019. See id. (citing Aff. of Earline Corbitt, dated January 30, 2020 (“Corbitt Aff.”), at 2). Harry Corbitt’s widow, Erline Corbitt, received a copy of the summons with notice on or about October 16, 2019. See id. (citing Corbitt Aff. at

1 & 4). On or about January 4, 2020, Plaintiff served a formal complaint, also naming “the Estate of Harry Corbitt” as a defendant. See id. (citing Notice of Removal at 2 & Ex. B). Defendant Estate argues that “the Estate of Harry Corbitt” does not exist; and Earline Corbitt has not been appointed as an administrator, granted letters testamentary or given any other authority with regard to Harry Corbitt’s yet-to-be formed estate. See id. (citing [Corbitt Aff.] at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Multifamily Spring 2024
April 18, 2024
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Staff Attorney (Workers' Compensation)

At NJM, a top-rated insurance company, we are seeking an Attorney on our Workers Compensation legal team with between 3 and 5 years of expe...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements