However, testimony was only offered regarding the first instrument that has been admitted into evidence as Defendant's Exhibit 1. The defendants did not identify which instrument that they are contending is the actual trust agreement of the decedent. All of the proffered trust instruments contain certificates of acknowledgment indicating the execution date of June 2, 2007. The third instrument consists of about 57 fastened pages with certificates of acknowledgment for the decedent and the defendants. The second instrument that was admitted into evidence as Defendant's Exhibit 1A consists of about 58 unfastened pages including certificates of acknowledgment for the decedent and the defendants, an Affidavit of Trust (dated Febru) and identifies the trustees as "Sylvan Lewis and Glenroy William and Gamma William". The first instrument that was admitted into evidence as Defendant's Exhibit 1 consists of about 56 unfastened pages that includes certificates of acknowledgment for the decedent and Glenroy Williams. The record contains what appear to be copies of three instruments that bear the title of Sylvan Lewis Living Trust. Marshall and the executor argue that the Deed and the Trust should be invalidated upon the grounds of lack of due execution, lack of capacity, fraud and duress and coercion. The above-entitled claims that were transferred from the Supreme Court, Kings County came on for trial. On July 19, 2016, the court (Johnson, S.) denied probate to the instrument dated Jthat was purported to be the decedent's last will and testament. On June 19, 2009, the decedent's will dated Augwas admitted to probate and letters testamentary were issued to the executor. On October 18, 2007, the decedent died survived by Marshall (his wife) and six children (including the executor). The Deed is purported to attempt to transfer the subject real property from the decedent to "Gemma Williams, as Trustee, THE LIVING TRUST OF SYLVAN LEWIS". Among other things, the Trust provides for the distribution of the subject real property to the defendants upon the decedent's death. On June 2, 2007, the decedent purportedly executed the Trust agreement, the Deed and a will. Gemma Williams and Glenroy Williams (hereinafter referred to collectively as the defendants) have opposed the requested relief in an answer. In the above-entitled matters transferred from the Supreme Court in an Order dated March 18, 2014, Sylvia Marshall (hereinafter Marshall) and Marilyn Valere (hereinafter the executor) (referred to collectively as the plaintiffs) seek an order revoking a trust entitled the Sylvan Lewis Living Trust (hereinafter the Trust) and a deed dated J(hereinafter the Deed) purporting to transfer certain real property located at 899 Pacific Street, Brooklyn, New York (hereinafter the subject property). Okoli, Esq., 330 Seventh Avenue, 15th Floor, New York, New York 10001įor Plaintiff, Sylvia Marshall: Reginald Asiedu, P.C., 2432 Grand Concourse, Suite 508, Bronx, New York 10458įor Defendants, Glenroy Williams and Gemma Williams: Antonelli & Antonelli, Esqs., 225 Broadway, Suite 1200, NY, NY 10007 (MERS), Delta Funding Corporation, Defendants.įor Plaintiff, Marilyn Valere: K. Weinberg, Lawyers Title Insurance Company Corp., Mortgage Electronic Registration Systems, Inc. Sylvia Marshall, Gemma Williams, Andrew S. Marilyn Valere, as Executor of the Estate of Sylvan Franklin Lewis, Plaintiff, Gemma Williams, Individually and as Co-Trustee of the Sylvan Lewis Living Trust, Glenroy Williams, Individually and as Co-Trustee of the the Sylvan Lewis Living Trust, Marilyn Valere, as Distributee, Beneficiary and Executor of the Estate of Sylvan Lewis, Mortgage Electronic Registration Systems, Inc., Delta Funding Corporation, its assignees and successors in interest, Defendants. In the Matter of Sylvan Lewis a/k/a Sylvan Franklin Lewis, Deceased. This opinion is uncorrected and will not be published in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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