ESTATE OF JOSEPHINE D'AMBROSIO, Deceased

ESTATE OF JOSEPHINE D'AMBROSIO, Deceased. (11/562/B) — In this ongoing and bitterly contested probate proceeding, the decedent, Josephine D'Ambrosio, died on July 11, 2010, survived by two children: Joseph D'Ambrosio, the petitioner, and his sister, Charlotte Pallotta. Two other children: William D'Ambrosio and Janet Orelli, the mother of respondents, predeceased her. The petitioner offered for probate a purported Last Will and Testament of the decedent, dated January 22, 2010, naming only her surviving children as beneficiaries of her estate and naming Joseph D'Ambrosio, as the executor. No provisions were made for the decedent's predeceased children, thereby disinheriting the respondents, Jennifer Orelli, Jessica Orelli-Matute and Jodie Orelli-Vocelli, issue of a predeceased child. Respondents filed objections to probate based on testamentary capacity, due execution, undue influence and fraud.

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ESTATE OF JOSEPHINE D’AMBROSIO, Deceased. (11/562/B) — In this ongoing and bitterly contested probate proceeding, the decedent, Josephine D’Ambrosio, died on July 11, 2010, survived by two children: Joseph D’Ambrosio, the petitioner, and his sister, Charlotte Pallotta. Two other children: William D’Ambrosio and Janet Orelli, the mother of respondents, predeceased her. The petitioner offered for probate a purported Last Will and Testament of the decedent, dated January 22, 2010, naming only her surviving children as beneficiaries of her estate and naming Joseph D’Ambrosio, as the executor. No provisions were made for the decedent’s predeceased children, thereby disinheriting the respondents, Jennifer Orelli, Jessica Orelli-Matute and Jodie Orelli-Vocelli, issue of a predeceased child. Respondents filed objections to probate based on testamentary capacity, due execution, undue influence and fraud.

In the third summary judgment motion by the proponent, the Court in its November 25, 2014, Decision and Order, granted summary judgment dismissing the objections based on due execution and fraud, and denied it with respect to testamentary capacity and undue influence. The Court also found that respondents failure to appear at the January 29, 2014 proceeding was based on a mis-communication, not a tactic to prolong this matter and not frivolous conduct to be sanctioned. Finally, the Court granted respondents’ motion to the extent that “all discovery still outstanding is to be completed expeditiously.”

ESTATE OF JOSEPHINE D'AMBROSIO, Deceased

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