In a 2010 criminal proceeding, Leatrice Brewer admitted to drowning her three children in a bathtub, and entered a plea of “not responsible by reason of mental disease or defect.” Now, in the related Surrogate’s Court proceeding pending in Nassau County, the administrator of the children’s estates has requested application of the “slayer rule” to prevent Ms. Brewer from benefitting from her actions. Spencer L. Reames discusses the case, and the possible boundaries of the slayer rule vis a vis the insanity defense, in our latest entry.
Continue Reading When a Black Letter Rule Meets a Gray Area: the “Slayer Rule” and the Insanity Defense
Surrogate McCarty
19 Year-Old Instrument Denied Probate as Ancient Document
By Jaclene L. D'Agostino on
Posted in Probate
In a recent case emanating from Nassau County, Surrogate McCarty denied an uncontested application to probate a nineteen year old will under the common law “ancient document rule.” Jaclene D’Agostino discusses the decision in our latest entry.
Continue Reading 19 Year-Old Instrument Denied Probate as Ancient Document
Who May Serve as Fiduciary?
By Frank T. Santoro on
Posted in Fiduciaries
Surrogate McCarty of Nassau County recently addressed a case in which the parents of a deceased minor each sought letters of administration, alleging that the other was ineligible. Frank Santoro discusses the decision, as well as general rules of eligibility to serve as a fiduciary, in our most recent entry.
Continue Reading Who May Serve as Fiduciary?