Surrogate GiganteESTATE OF ANNE ALLEN, A/K/A ANNE SETTECASI ALLEN A/K/A ANNE V. SETTECASI, A/K/A ANNE V. ALLEN, Deceased (16/97) — Petitioner seeks to admit to probate a testamentary instrument, dated September 12, 2011, which purports to be the Last Will and Testament of the within decedent and to issue Limited Letters Testamentary to the petitioner herein.Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of unknown distributees and/or distributees whose whereabouts are unknown, has filed his report recommending that the Will be admitted to probate. The fee of the Guardian ad Litem is fixed as indicated in the file and shall be paid as an administration expense of this estate within thirty (30) days of the date of Limited Letters Testamentary within this estate. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.The Court is satisfied upon all the proof submitted, including the Guardian’s ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a will and free from restraint (EPTL 3-2.1; SCPA 1408).The propounded instrument, dated September 12, 2011, is hereby admitted to probate.Petitioner further alleges that certain causes of action may exist in favor of the estate. Accordingly, the Decree of Probate and Letters Testamentary shall limit the authority of the executor thereunder to the prosecution of said causes of action and the executor is hereby restrained from the compromise of such actions and enforcement of any judgment recovered therein, until the further Order of this Court, upon filing satisfactory security.Limited Letters Testamentary shall issue to Frank Settecasi, he having duly qualified according to law, without the necessity of posting a bond, pursuant to Article THIRD of decedent’s Will.Preliminary Limited Letters Testamentary heretofore issued on December 1, 2016 are hereby revoked.Decree signed.Dated: April 24, 2018
ESTATE OF EUGENE CACHO, Deceased (15/205; 15/205/A) — In these cross petitions for Letters of Administration, the Court is in receipt of the report of the Guardian ad Litem, appointed on behalf of a non-marital infant, within the “A” sub-file of this estate.Jurisdiction has been obtained over all necessary parties within both proceedings. On February 2, 2018, the attorney for the bank petitioner within the main sub-file, indicated their agreement to withdraw their application for the appointment of the Public Administrator as limited administrator for the sole purpose of recovery process in a related Supreme Court foreclosure proceeding.Upon review of all papers submitted within both sub-files and upon the recommendations as contained within the report of the Guardian ad Litem, the application within the main sub-file to discontinue the application for the appointment of the Public Administrator as limited administrator is hereby granted.The consent by the Guardian ad Litem to the discontinuance is hereby ratified. The fee of the Guardian ad Litem is hereby fixed in the amount of $3,150.00.Pursuant to SCPA 1001, Limited Letters of Administration shall issue to Vanessa Cacho for the sole purpose of defending a foreclosure action against the decedent’s estate. Any settlement of the foreclosure proceeding shall be subject to the further order of this court.Distribution of estate assets, if any, are prohibited until the formal accounting proceeding wherein the relief pursuant to EPTL 4-1.2, regarding Eugene Justine Ahmed Cacho shall be included.This decision shall constitute the Order of this Court.Dated: May 8, 2018
