Preview:

Matter of Pritchett 2013 NY Slip Op 30715(U) March 29, 2013 Surrogate's Court, Nassau County Docket Number: 304328/D Judge: III., Edward W. McCarty Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

[* 1]

SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------------------x Petition for Compulsory Accounting in the Estate of EUNICE PRITCHETT, a/k/a EUNICE M. PRITCHETT, Deceased. -----------------------------------------------------------------------------x

File No. 304328/D Dec. No. 28426

This is a petition to compel the fiduciary of the deceased fiduciary of the estate of Eunice Prichett to account. For the following reasons, the petition is denied. BACKGROUND Eunice Pritchett, the decedent, died on March 18, 1998. Letters testamentary issued to the decedent's husband, Ray G. Pritchett. Ray G. Prichett died on July 17, 2000, survived by a son, Donald R. Pritchett, and a daughter, JoAnn Jergensen. Letters testamentary in Ray's estate issued to Donald and JoAnn on August 16, 2000. JoAnn died on October 4, 2008, and her husband, Robert Jergensen, was appointed administrator of her estate. Robert Jergensen filed the instant petition seeking to compel Donald to account as the fiduciary of the deceased fiduciary of Eunice's estate. In support of his application, Robert asserts that the estate of JoAnn Jergensen has a claim against Eunice's estate for Ray's failure as executor to make distribution to JoAnn in the amount of $316,164.00 as shown on the Federal Estate Tax Return filed in connection with Eunice's estate. Robert claims that those funds came into Donald's hands as sole surviving executor of Ray's estate. The claim was first asserted by JoAnn in an Amended Verified Complaint dated May 18, 2006 (paragraph 19 thereof) in an action brought by JoAnn against Donald, which action is currently pending in this court after being transferred by the Supreme Court of Nassau County.

[* 2]

Donald has filed an answer contesting the application on the following grounds: (i) statute of limitations; (ii) lack of standing; (iii) failure to set forth a claim; (iv) collateral estoppel, laches, res judicata and unclean hands; (v) JoAnn Jergensen received all "entitlements" and "distributions" from Eunice's estate; (vi) the proceeding constitutes frivolous conduct in civil litigation as defined in 22 NYCRR

Download 2013_30715.pdf

New York Law