Surrogate TitoneESTATE OF THOMAS K. BINNIE, Deceased (A-66/01/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on March 15, 2001, so as to enable her to compromise a wrongful death/conscious pain and suffering cause of action on behalf of the decedent.Jurisdiction has been obtained over all necessary parties and the New York State Department of Taxation and Finance has filed a waiver and consent.Upon review of all the papers submitted, the application to modify the limitations and to settle the claim for the wrongful death/conscious pain and suffering cause of action in the amount of $400,000.00 is approved. The allocation of the net proceeds shall be 50 percent to the cause of action for wrongful death, and 50 percent to the cause of action for conscious pain and suffering.Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $117,398.52 payable to Seigel & Coonerty, LLP.The net balance in the amount of $282,602.48 shall be paid as follows: $141,300.74, the portion of the settlement allocated to wrongful death to be payable as follows: $94,445.41 to Bernadette Binnie, $21,873.35 to Kaitlin Binnie and $24,981.97 to Kelsey Binnie. $141,300.74, the portion of the settlement allocated to conscious pain and suffering to be payable pursuant to EPTL 4-1.1 as follows: $95,650.37 to Bernadette Binnie, $22,825.19 to Kaitlin Binnie and $22,825.19 to Kelsey Binnie.Incidental relief prayed for is granted. Submit decree.Dated: January 29, 2019
ESTATE OF MARTHA CRAIG A/K/A MARTHA E. CRAIG, Deceased (17-81) — Petitioner seeks to admit to probate a testamentary instrument, dated August 12, 2005, which purports to be the Last Will and Testament of the within decedent and to issue Limited and Restricted Letters Testamentary to the petitioner herein, the nominated successor fiduciary. The primary executor pre-deceased the decedent.Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of unknown distributees and distributees whose whereabouts are unknown, has filed her 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 and Restricted 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 August 12, 2005, is hereby admitted to probate.Upon review of the report of the Guardian ad Litem, it appears 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 executrix thereunder to the prosecution of said causes of action and the executrix 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.Additionally, due to the allegations made in the petition, the executrix is restricted to the collection of all other estate assets.Limited and Restricted Letters Testamentary shall issue to Margaret Craig, she having duly qualified according to law, without the necessity of posting a bond, pursuant to Article SIXTH of decedent’s Will. The Preliminary Letters Testamentary previously issued on December 14, 2017, shall be revoked upon the issuance of Limited and Restricted Letters Testamentary.Decree signed.Dated: February 28, 2019
