ESTATE OF EDWARD L. SKEPPLE, Deceased (1035P2003/B) — One of the decedent’s daughters, who is a 20 percent testamentary beneficiary under the decedent’s will, moves for an order enforcing the terms of a stipulation and for entry of a money judgment in the sum of $142,014.25, plus interest, costs and disbursements, against two of the decedent’s sons. The sons and an attorney-escrowee under the stipulation, another named respondent, do not oppose the motion.
The decedent died testate on May 15, 2001. His five children are his sole distributees and equal beneficiaries under his will which was admitted to probate on October 12, 2001. Letters testamentary issued to another daughter and, after her letters were revoked, one of the respondent sons was appointed temporary administrator c.t.a. on May 26, 2004. During the administration of this estate various matters were litigated among the decedent’s children. The aforesaid stipulation, entered on the record in open court, resolved the last pending proceedings (see Matter of Skepple, NYLJ, May 14, 2010, at 32, col 5). A decree entered July 10, 2010 recites only portions of the stipulation, including that the respondent attorney was to hold certain sums in escrow and distribute them in accordance with the terms of the stipulation. The relevant terms of the stipulation that were not specifically set forth in the decree provide, inter alia, that: 1) the movant was to receive the sum of $415,000, less a deduction representing reimbursement to the respondent sons for attorney’s fees; 2) the movant was to be paid all of the then existing cash on hand credited towards any balance remaining of the aforementioned $415,000 payment; and 3) if the existing cash on hand was insufficient to pay the total amount due to the movant, the respondent sons were to pay the movant $30,000 immediately, and the resulting balance over 12 months in equal installments.