Manhattan Surrogate grants three motions filed by DDWWW in defense of an executor of a U.S. Will

In a contested multinational estate, the Hon. Rita Mella, Surrogate of New York County, dismissed a petition seeking authority to act as an additional estate administrator to challenge the authority of an appointed executor. By motion to dismiss, DDW defended the executor’s acts and transactions, proving to the Court that her actions were proper. This decision is useful precedent in the defense of other executors that are subject to attack by parties seeking a co-fiduciary appointment based on allegations that are insufficient to refute the documentary evidence filed in support of a motion to dismiss. Estate of Dr. George Schussler, 2025 NYLJ LEXIS 2741 (Sur. Ct. N.Y. Co.). In two related motions for the same estate, a legatee petitioned (1) to compel the production of a German Codicil and (2) probate it in the New York County Surrogate’s Court. By motion of DDW, the Surrogate dismissed both petitions, holding that a Codicil intended to dispose of property in Germany is not admissible to probate in New York, and cannot be a counterpart to a previously probated U.S. Will disposing of property in New York. Estate of Dr. George Schussler, 8/18/2025 N.Y.L.J. 7, col. 2 (Sur. N.Y. Co.). Steven P. DeRicco represented the executor and argued the motions.