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Bronx County, Surrogate's Court January 14, 2022

Bronx County, Surrogate's Court January 14, 2022

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ESTATE OF ADELA GELBORD, Deceased (13-1609/B) — This is a withdrawal proceeding by the fiduciary of the estate of the decedent’s post-deceased paternal cousin seeking a decree, inter alia, directing the New York State Comptroller to pay her the balance of the funds originally deposited to the credit of this estate with the Commissioner of Finance of the City of New York pursuant to a decree of this court dated July 3, 2018. This court previously determined that the decedent was survived by one paternal first cousin who post-deceased and that his estate was entitled to the entire paternal half of the net distributable estate. The court further directed that the remaining half of the proceeds in this estate were to be deposited with the Commissioner of Finance of the City of New York for the benefit of those who may thereafter establish their entitlement thereto. In this application, the fiduciary sought to establish that there were no maternal distributees and kinship issues with respect to the maternal half of the estate were referred to a member of the court’s Law Department to hear and report (see SCPA 506 [1]). More than 10 days have elapsed since the mailing of the referee’s report, and no party has moved to modify or overrule the report. After review by the court, the findings of fact and conclusions of law set forth in the report are confirmed, including that the decedent was not survived by any maternal distributees and decedent’s sole distributee is her post-deceased paternal first cousin, Symcha “Simon” Kaltman, whose estate is entitled to the entire net distributable estate (EP1TL 4-1.1 [a] [6]) which shall be paid to the duly appointed fiduciary of his estate. Settle decree. January 12, 2022

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