ESTATE OF ERNESTYNE MANN, Deceased

ESTATE OF ERNESTYNE MANN, Deceased — In this accounting proceeding, the Public Administrator moves to dismiss the objections relating to the administration of the estate filed by an alleged niece of the decedent, who is the proponent in a probate proceeding, on the grounds, inter alia, that the objectant had ample time to probate the propounded instrument, failed to do so, and in the absence of the admission of the will to probate, lacks standing to interpose objections, other then her claims as a creditor. After conferences with the court, the Public Administrator and the objectant stipulated on the record, inter alia, as follows: (1) the objections to the account are withdrawn without prejudice to the right of the objectant to establish in the supreme court that she is entitled to be reimbursed for certain items that she allegedly paid on the decedent's behalf during the pendency of a Mental Article Hygiene Law article 81 proceeding; (2) the Public Administrator is to pay a certain sum of money to the objectant in reimbursement of the decedent's funeral expenses and payments made to Consolidated Edison after she was no longer the guardian in the article 81 proceeding; (3) the net distributable proceeds shall be deposited with the Commissioner of Finance of the City of New York for the benefit of those who may thereafter prove entitlement thereto; and, (4) the objectant may proceed with the probate proceeding without any fixed period of time to complete jurisdiction, provided that she proceeds with reasonable diligence.

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ESTATE OF ERNESTYNE MANN, Deceased — In this accounting proceeding, the Public Administrator moves to dismiss the objections relating to the administration of the estate filed by an alleged niece of the decedent, who is the proponent in a probate proceeding, on the grounds, inter alia, that the objectant had ample time to probate the propounded instrument, failed to do so, and in the absence of the admission of the will to probate, lacks standing to interpose objections, other then her claims as a creditor. After conferences with the court, the Public Administrator and the objectant stipulated on the record, inter alia, as follows: (1) the objections to the account are withdrawn without prejudice to the right of the objectant to establish in the supreme court that she is entitled to be reimbursed for certain items that she allegedly paid on the decedent’s behalf during the pendency of a Mental Article Hygiene Law article 81 proceeding; (2) the Public Administrator is to pay a certain sum of money to the objectant in reimbursement of the decedent’s funeral expenses and payments made to Consolidated Edison after she was no longer the guardian in the article 81 proceeding; (3) the net distributable proceeds shall be deposited with the Commissioner of Finance of the City of New York for the benefit of those who may thereafter prove entitlement thereto; and, (4) the objectant may proceed with the probate proceeding without any fixed period of time to complete jurisdiction, provided that she proceeds with reasonable diligence.

Accordingly, this decision constitutes the order of the court granting the application of the proponent in the probate proceeding to extend her time to obtain jurisdiction over all of the necessary parties and directing the Public Administrator to serve and file an affidavit amending her account and settle a decree incorporating the terms of the parties’ stipulation.

ESTATE OF ERNESTYNE MANN, Deceased

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