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Matter of Estate of Priestly

Limited Administrator's Turnover Proceeding With Fiduciary Breach Claim Not Time-Barred

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The papers relied on are as follows:1. Notice of motion dated September 26, 2017, with affirmation of Robert H. Rosh, Esq., dated September 26, 2017, with exhibits annexed;2. Affirmation of Ron Stokes, Esq. dated December 6, 2017; and3. Affirmation of Robert H. Rosh, Esq. dated December 13, 2017.DECISION & ORDER

*1  In a proceeding for the turnover of assets in the estate of Marjorie S. Priestly (the “decedent”), brought by Nicholas Miklos Teglas (“Nicholas”), as limited administrator, Joan C. Priestly (“Joan”), the administrator c.t.a. of the estate and the attorney-in-fact for the decedent, moves to dismiss the petition. Nicholas opposes the motion. The motion is decided as set forth below. The facts in this matter have been set forth by the court in many prior decisions. Those facts relevant to the motion are as follows:The decedent was married to Henry Priestly, and together, they had one child, Joan. The Teglases were neighbors of the decedent and Henry. Henry died on November 30, 2006, and his will was probated by decree of this court.On February 26, 2008, the decedent executed an instrument, purporting to be her last will and testament. The instrument provided for general bequests to 10 people. She left her home at 135 Orchard Street, White Plains, NY (the “house”) to Nicholas and her residuary estate to Joan. Joan lives in Alaska.

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