A New York appellate court has ordered a hearing in a probate case involving the will of Robert Covington, who died in 2009. The court's decision, made on October 7, 2026, affects Suzette Boozer, who claims to be Covington's daughter. The ruling allows her to contest her exclusion from the will, which has significant implications for the distribution of Covington's estate.
The case centers around a will that was admitted to probate in March 2011 without any objections. Covington’s will states that his estate should be divided equally among five named children. However, Boozer alleges that she was unintentionally left out due to a mistake in the will's wording. The Appellate Division of the Supreme Court of New York has now reversed a prior decision that dismissed Boozer's petition without a hearing.
Boozer filed her petition under the Surrogate's Court Procedure Act (SCPA) § 1420, seeking clarification on the will's language. She argued that the will contained a scrivener's error, which led to her exclusion. The Surrogate's Court had previously denied her petition without allowing a hearing, prompting Boozer to appeal the decision.
The parties involved in this case are Suzette Boozer, the appellant, and Shirley Evertsz, among others, who are the respondents. The case reached the Appellate Division after Boozer's petition was dismissed by the Surrogate's Court in Kings County on January 27, 2025. The appellate court's ruling provides Boozer with another chance to present her case.
The Appellate Division, which includes judges Colleen D. Duffy, Linda Christopher, Carl J. Landicino, and Susan Quirk, found that the Surrogate's Court erred in dismissing the petition without a hearing. The court stated, "The allegations in the verified petition... were sufficient to indicate that the testator's intent was not clear and unambiguous." This ruling emphasizes the importance of understanding a testator's intent, especially when there are claims of exclusion from a will.
The court highlighted the principle that a testator's heirs are favored by law and cannot be disinherited without clear indication of intent. The decision reinforces the need for a hearing to explore Boozer's claims that the will misidentified some of Covington's children and omitted her name. The court's ruling allows Boozer to provide evidence to support her assertion that she was wrongfully excluded.
This ruling has significant implications for the future of the Covington estate. If Boozer can prove her claims, she may be entitled to a share of the estate alongside the other named children. The decision also underscores the legal principle that courts should ensure that a testator's true intentions are honored, particularly in cases where there are disputes about the will's language.
The Appellate Division's ruling not only affects Boozer but also sets a precedent for similar cases involving claims of exclusion from wills. It reinforces the idea that courts must carefully consider the intent of the deceased and provide a fair opportunity for all potential heirs to present their claims.
Looking ahead, the case will return to the Surrogate's Court for further proceedings. Boozer will have the opportunity to present her evidence, and the court will determine whether her claims have merit. The decision can potentially be appealed again, but for now, the focus will be on the upcoming hearing.
Details were not available in the court filing regarding any related cases or the specific value of Covington's estate. However, the outcome of this case could have lasting effects on how wills are interpreted in New York, particularly in cases where heirs are alleged to be unintentionally omitted.