In re Bowden
| Decision Date | 04 August 2022 |
| Docket Number | 2020-3849/F |
| Citation | 2022 NY Slip Op 50708 (U) |
| Parties | In the Matter of the Administration Proceeding, Estate of Lynn Junius Bowden, a/k/a Lynn Bowden, Jr., Deceased. |
| Court | New York Surrogate Court |
Unpublished Opinion
Albert W. Cornachio, Esq. Attorney for Peggie Bowden Murray Petitioner
Gloria Singletary, Respondent Pro Se
Peter J. Kelly, S.
This is a motion by petitioner Peggie Murray ("Peggie") for summary judgment dismissing the objections filed by Gloria Jean Singletary ("Gloria") and the issuance of letters of administration to her pursuant to SCPA 1001 (9). The pertinent facts are as follows.
Lynn Bowden, Jr. died on July 7, 2017. An instrument purporting to be his last will and testament, dated July 26, 2016, was filed by Gloria in the Surrogate's Court, Kings County. A few weeks later Gloria filed a petition seeking to probate the purported will and the issuance of letters of administration, c.t.a. to herself. Accompanying the petition was a waiver and consent allegedly executed by Joyce Bowden ("Joyce"), a legatee under the instrument, and an individual acknowledged by Gloria to be decedent's daughter. Motion practice thereafter ensued and by decision and order dated May 24, 2018, Surrogate Margarita Lopez Torres granted Joyce's motion to revoke the waiver and consent.
Over the ensuing months, Gloria never endeavored to amend her petition, ascertain the whereabouts of decedent's distributees, submit a proposed petition or take any other action to complete jurisdiction. Consequently, by decision and order dated April 12, 2019, Surrogate Lopez Torres made findings regarding the existence and identity of decedent's distributees, and then dismissed Gloria's petition "...for failure to prosecute such petition with diligence" pursuant to SCPA 209 (8).
After two more years of inactivity, in April of 2021, Peggie commenced the instant proceeding which was transferred to this Court. Gloria, in response, filed objections which did not specifically address petitioner's request for relief under SCPA 1001(9). Referencing the instrument on file, the objections recite that decedent "made out a Last Will and Testament leaving everything to me and Joyce his daughter" and state that "There is no citation on the record dismissing the Will, the Will is still in full affect (sic)." The balance of Gloria's objections focuses on allegations that Peggie and her siblings, Lennell and Eric, are not decedent's children or distributees of the decedent and, therefore, are ineligible to be administrators of his estate. Totally absent is any explanation as to the reason for the delay in probating the instrument or what efforts she made in the four years since the decedent's death to do so.
After conducting depositions and completing pre-trial discovery Peggie served and filed the instant motion for summary judgment.
SCPA 1001 (9) provides that letters of administration may be granted by the court in any case in which a paper writing purporting to be a will has been filed in the court and proceedings for its probate have not been instituted within a reasonable time or have not been diligently prosecuted. Petitioner's motion papers are sufficient to make a prima facie showing of entitlement to summary judgment granting relief under this section as a matter of law (CPLR 3212[b]; Zuckerman v City of New York, 49 N.Y.2d 557; Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065; Matter of Parravani, 211 A.D.2d 965).
In her submission Peggie set forth evidence that decedent was not married at the time of his death; that Gloria's petition incorrectly identified herself to be Joyce's daughter that, by decision and order dated April 12, 2019, Surrogate Lopez Torres found that the decedent was survived by four children Peggie, Joyce, Lennell and Eric; that Peggie is a distributee of decedent's estate entitled to the issuance of letters of administration; that Gloria is unrelated to the decedent or his distributees; that, although Gloria filed a paper purporting to be decedent's last will and testament and petitioned for its admission to probate in July of 2017 Surrogate Lopez Torres, by decision and order dated April 12 2019, made a finding that the probate proceeding had "languished for almost twelve months without action by the petitioner" and that Gloria failed "...to prosecute such petition with diligence;" and that Gloria has still not taken any action to advance the probate of the instrument since Surrogate Lopez Torres' decision and order.
In opposition Gloria filed an...
To continue reading
Request your trial