Case law

In re the Estate of Harris

169 Misc. 943 · New York Surrogate's Court · May 2, 1938

executors to deal with the trust estate as they have been and are doing. “ Trust funds should not only be kept independent of individual and other trust funds, but the investments thereof should, so far as possible, be clearly … Any losses or benefits flowing from the establishment of that proper basis of management and for the handling of trust assets on a proper basis after it is once established must be accepted as part of the administration of

In re the Estate of Hayden

175 Misc. 506 · New York Surrogate's Court · Dec 6, 1940

The surrogate holds that the stipulated facts and the conduct of the parties clearly establish that the transaction between the claimant and the decedent’s firm constituted a deposit which was to be held until demand was … He died four months after he had qualified. The reasoning and conclusion of the highest court of *510 that State in its opinion are pertinent and persuasive here.

In re the Estate of Lewin

41 Misc. 2d 72 · New York Surrogate's Court · Dec 19, 1963

subject to a charge for payment of certain monetary bequests which did not have to be paid until after death of his wife; that his sons, Frederick and August, and the Suffolk County National Bank were named executors and all qualified … The matters embraced ‘‘ include only those matters which are clearly and specifically set out and which can be definitely ascertained from a reading of the account and decree ”. (Matter of Seaman, 275 App.

In re the Estate of Stumpp

153 Misc. 92 · New York Surrogate's Court · Sep 7, 1934

They were selling in the month after the executors qualified as low as fifty-one, a shrinkage of over twenty per cent. … The current depression, however, has not given an immunity bath to unfaithful fiduciaries.

Eisner v. Koehler

1 Dem. Sur. 277 · New York Surrogate's Court · Jul 15, 1883

The doctrine thus established by Andrew v. … The decided cases to which I have referred clearly *284 establish that, in the interpretation of such a condition as the one under review, it is proper to inquire what purpose the testator had in imposing it, and that, in

In re the Accounting of Glenn

200 Misc. 72 · New York Surrogate's Court · Jan 25, 1951

As the objector did not qualify as executrix of the son’s estate until almost a year after his death there was no one to whom the mother could give a release during her lifetime. … On the contrary, the evidence establishes that at the time the son made his will and at his death it was the mother who was indebted to the son.

In re the Estate of Harris

23 Misc. 2d 595 · New York Surrogate's Court · May 26, 1960

Creswell, Dutchess County Treasurer, who duly qualified as admimstrator and upon Ms final accounting after a citation was duly issued to all parties *596 interested herein, namely: unknown heirs, Attorney-General and the … The proof produced at the hearing clearly establishes that at decedent’s death, Edith Lucretia Cooke, Honor Alberta Houghton and Albert Conrtland Sherman were her only surviving first cousins and nearest next of kin and they

In re the Estate of Shenk

125 Misc. 386 · New York Surrogate's Court · Jul 1, 1925

Especially in the case of proceedings against executors the statutory grounds of misconduct must be established. As stated *388 in Matter of Leland ( 219 N. … While the record clearly shows that the respondents have in some matters shown little appreciation of the duties of an executor or a trustee, the evidence is insufficient to establish any one of the three grounds of misconduct

In re the Estate of Haigh

125 Misc. 365 · New York Surrogate's Court · Jun 3, 1925

The Irving Bank-Columbia Trust Company qualified as her executor, and shortly thereafter it was appointed administrator c. t. a. under the will of Hartley Haigh, 2d. … Such has been the established procedure of this court followed without exception by the various surrogates.

In re the Estate of Kirkman

143 Misc. 342 · New York Surrogate's Court · Apr 5, 1932

Under such circumstances it is well established that the result of the respondent’s pleading is that “ it admitted all the facts alleged and such inferences as could be fairly drawn from them. * * * But it admitted none of … The other two also qualified, but died prior to the year 1930, whereupon two of testator’s other children, Ralph and Ethel, were named and qualified in their places.

In re the Judicial Settlement of the Estate of Milliette

123 Misc. 745 · New York Surrogate's Court · Oct 1, 1924

The term ‘ heirs at law/ not explained or qualified by other language in the will, has a perfectly definite meaning, which cannot be changed by proof outside of the will itself. … No authorities need be cited in support of a proposition which is so well established.”

In re the Estate of Sackler

145 Misc. 2d 950 · New York Surrogate's Court · Dec 5, 1989

The assets of the estate which would pour over into the trust if its validity is established are reported to be in excess of $100 million. … Clearly, there were other doubts concerning the use of pour-overs in New York and precisely those raised by the children.

In re the Estate of Kenny

114 Misc. 2d 203 · New York Surrogate's Court · Jun 8, 1982

True, it is encyclopedic blackletter that amendments are prospective only unless retroactive application is ‘clearly’ spelled out (McKinney’s Cons Laws of NY, Book 1, Statutes, § 52; see 56 NY Jur, Statutes, § 265; 82 CJS … In attempting to utilize this approach, the oft-repeated statement that the persons entitled to share in an estate are those who so qualify on the date of the decedent’s death warrants further examination.

In re the Estate of Nevins

16 Misc. 2d 425 · New York Surrogate's Court · Feb 17, 1959

Having so qualified for membership in the class of persons whom the testatrix intended to benefit, to deprive them of her help because of supplemental assistance derived from their own or other sources, would he to thwart … These directions make it possible to attribute to the testatrix a clearly manifested intention to differentiate between the property and buildings in which the institution is housed and the fund she provided for their maintenance

In re the Estate of Bobrow

14 Misc. 2d 816 · New York Surrogate's Court · Nov 21, 1958

It is a clearly established rule that the burden of proving a person to be dead is upon him who alleges that to be the fact. … Bobrow, as administrator of her estate upon his qualifying according to law.

In re Brooklyn Trust Co.

134 Misc. 837 · New York Surrogate's Court · Sep 25, 1929

on the earlier clearly expressed intention, emphasizes that intention by demonstrating the desire that Clinton should benefit by this beneficence whether he lived or died. … Finally, it is in accordance with the long-established principle that an absolute gift “ will not be cut down by subsequent language not equally clear.” (Matter of Rooker, 248 N. Y. 361, 364 ; Roseboom v.

In re the Estate of Frick

116 Misc. 488 · New York Surrogate's Court · Sep 15, 1921

He resided at various places in the state until 1879 when he established his home in Pittsburgh. In 1881 he was married there. … It is clearly apparent that Mr. Frick never abandoned his Pennsylvania domicile. Ordered accordingly.

In re the Estate of Schinzing

2 Misc. 2d 661 · New York Surrogate's Court · Mar 19, 1956

Referring to said decision, it was stated in Matter of Barc ( 177 Misc. 578, 581 ): “ The result of this pronouncement by the ultimate appellate authority of the State clearly establishes the rule that in order to attain … Petitioner Holder, decedent’s sister, has not met her burden of showing abandonment and letters should issue to the widow upon her qualifying pursuant to law. The widow is directed to file a bond in the sum of $3,000.

In re the Estate of Smith

42 Misc. 2d 1081 · New York Surrogate's Court · Feb 5, 1964

The general rule applicable to a testamentary provision such as the one now before the court, seems well established. … The primary gift is clearly contingent. The secondary gift is likewise contingent. The testator has indicated an intention to postpone vesting until the termination of the trust ” (p. 146).

In re the Estate of Williams

6 Mills Surr. 333 · New York Surrogate's Court · Jan 15, 1908

Y. 609 , the following question was certified to the Court of Appeals for an answer, to wit: “ Is an executor who has duly-qualified and received assets of his testator’s estate for which *335 he has never accounted, so far … The administrator in his answer has not shown a state of facts which if proved would establish the Statute of Limitations as a bar.