Surrogate Nora Anderson
The court was faced with two motions to dismiss a cross-petition by decedent Claire Friedlander’s cousin, Arthur, for probate of a will previously propounded by Claire’s alleged husband, Silkovic. Under a 2007 will, Claire left most of her $30 million estate to a charitable trust she established on the day she executed the will. In a 2004 will, Claire left her estate for certain specified charitable purposes to be determined in her executor’s sole discretion. The court noted the proponents of the competing wills reached a settlement, and the 2007 will was admitted to probate subject to the settlement’s terms. Silkovic sought to vacate the decree and to probate a 2008 instrument identifying him as Claire’s husband, and naming him executor and sole beneficiary. Arthur also sought vacatur of the decree claiming he was Claire’s next of kin, not Silkovic, and service was never made on him in the original probate proceeding. The parties reached a “global settlement,” and Silkovic discontinued his proceeding, yet cross-petitioned for probate of the 2008 will five months thereafter. The court found Arthur had standing to prosecute his cross-petition only if Silkovic was found not to be married to Claire when she died. It ordered an evidentiary hearing on the kinship issue.
