Case law

In re the Compulsory Judicial Settlement of the Account of Gilman

18 Mills Surr. 342 · New York Surrogate's Court · Nov 18, 1916

The appellant argues that, in the absence of clear intention to the contrary, the testator is deemed never to give to those who do not sur- *345 vive him, and for this cites Browne v. Hope (L. … (Thompson v. Whiteloek, 4 DeG. & J. 490; Tidwell v. Ariel, 3 Mad. 403; Corbyn v. v French, 4 Ves. 418, 435.) Matter of Roberts (L. R. 30 Oh. Div. 234) seems to have no application.

In re the Accounting of the Public Administrator

28 Misc. 3d 311 · New York Surrogate's Court · Apr 30, 2010

(McMahon v City of New York, 105 AD2d 101 [1st Dept 1984]; Matter of Jericho Union Free School Dist. No. 15, Town of Oyster Bay v Board of Assessors of County of Nassau, 131 AD2d 482 [2d Dept 1987].) … (People v Dominique, 90 NY2d 880, 881 [1997].) .

Lightfoot v. Kane

16 Mills Surr. 46 · New York Surrogate's Court · Dec 10, 1915

(Matter of Brown, 93 N. Y. 299 ; Matter of Crawford, 113 id. 366, 374, 375 .) … It is argued, -that it means ‘ shall *49 hereafter die/ hut I think the expression is constantly used in the sense 1 shall be dead at the time of my death.’ ” In Loring v.

In re the Judicial Settlement of the Accounts of Lapides

144 Misc. 19 · New York Surrogate's Court · Jun 15, 1932

(Voessing v. Voessing, 4 Redf. 360 .) … (Voessing v. Voessing, 4 Redf. 360 .)

In re Hawley's Will

89 N.Y.S. 803 · New York Surrogate's Court · Jun 15, 1904

The other witness to the codicil was an attorney, who had attended to what little law business the decedent had had for many years preceding his death, and who had formerly boarded in the Prince household, and who was a friend … Supp. 1095 ; Brick v. Brick, 66 N. Y. 144 ; Matter of Snelling, 136 N. Y. 515 , 32 N. E. 1006 ; Children’s Society v. Loveridge, 70 N. Y. 387 ; Cudney v. Cudney, 68 N. Y. 152 ; Matter of Brunor, 19 Misc.

In re the Estate of Tuigg

2 Connoly 633 · New York Surrogate's Court · Jul 15, 1891

Estate of Howard, 5 Dem. 483 ; Wallace v. Myers, 38 Fed. Rep. 184; Estate of Van Kleeck, 121 N. Y. 701 . In Strode v. Commonwealth, 52 Pa. … It was held in a Pennsylvania case, (Commonwealth v. Herman, 16 Wkly.

In re the Guardianship of Crickard

5 Mills Surr. 527 · New York Surrogate's Court · Nov 15, 1906

Brown, S. This is an application for the revocation of letters of guardianship. … As to whether the guardian of the property should be removed has been a more serious question to decide; but, under the authority of Matter of Feeley, reported in 4 Redfield, 306, and Bolling v.

In re the Estate of Klein

162 Misc. 589 · New York Surrogate's Court · Apr 20, 1937

(Phœnix Indemnity Co. v. Staten Island Rapid Transit Co., 251 N. Y. 127, 136 ; affd., 281 U. S. 98 ; Western Fuel Co. v. … (Engel v. Davenport, 271 U. S. 33, 37 ; Lynott v. Great Lakes Transit Corp., 202 App. Div. 613, 619 ; affd., 234 N. Y. 626 ; Collins v. Penn. R. R. Co., 163 App.

In re the Estate of Shulenburg

114 Misc. 155 · New York Surrogate's Court · Jan 15, 1921

Suau v. Caffe, 122 N. Y. 308 -320. … Wightman v. Schliefer, 18 N. Y. Supp. 551 ; Dworsky v. Arndtstein, 29 App. Div. 274 ; Saratoga County Bank v. Pruyn, 90 N. Y. 250 ; White v. Wager, 25 id. 328 ; Graham v. Van Wyck, 14 Barb. 531 ; Cram v.

In re the Probate of the Nuncupative Will of O'Connor

7 Mills Surr. 319 · New York Surrogate's Court · Dec 15, 1909

The cases on the subject are: Hubbard v. Hubbard, 8 N. Y. 196 ; Prince v. Hazelton, 20 Johns. 402 ; Matter of Thompson, 4 Bradf. 154 ; Matter of Gwin, 1 Tuck. 44 . … He was confined to his room, though he afterwards recovered sufficiently to return to duty on board ship, and a few. days later, having landed, he died on the cars while proceeding to his home.

In re the Construction of the Will of Bemis

123 Misc. 255 · New York Surrogate's Court · Apr 22, 1924

McLouth v. Hunt, 154 N. Y. 179, 197 ; Lowry v. Farmers’ Loan & Trust Co., 172 id. 137, 142; Robertson v. deBrulatour, 188 id. 301, 305; Matter of Osborne, 209 id. 450, 458; United States Trust Co. v. … Thayer v. Burr, supra; Bourne v. Bourne, supra.

Merrill v. Rolston

5 Redf. 220 · New York Surrogate's Court · Jul 15, 1881

Y., 9 ; Van Guysling v. Van Kuren, 35 Id., 70 ; Tyler v. Gardiner, Id., 559 ; Kinne v. Johnson, 60 Barb., 69 ; Meeker v. Meeker, 75 Ill., 260 ; Bundy v. McKnight, 48 Ind., 502 ). … In Morgan v.

In re the Probate of the Last Will & Testament of Gould

15 N.Y. St. Rep. 784 · New York Surrogate's Court · May 1, 1888

In Miles v. Loomis ( 75 N. … Hesdra ( 5 Redf., 47 -60); Murphy v. Hagerman (1 Wright [Ohio], 293), and Young v. Brown (1 Haggard’s Ec. Rep.), 569-570), that I shall pass this branch of the subject with a simple reference to those authorities.

In re Estate of Bannon

131 Misc. 778 · New York Surrogate's Court · Apr 5, 1928

The return and schedules filed with the appraiser include an item of $7,800 claimed to be due to the administratrix “ for board and special care as shown in annexed affidavit of claimant, 312 weeks at $25.00 por week — $7,800.00 … (State v. Mollier, 96 Kans. 514 .) The order will be modified in accordance herewith.

Carr v. Bennett

3 Dem. Sur. 433 · New York Surrogate's Court · Feb 15, 1885

In Eichhold v. … Welsh v. Brown (2 Am. Prob. R., 221; s. c., 43 N. J. Law R., 37) is also a case almost precisely like this.

In re Proving the Last Will & Testament of Walker

7 Mills Surr. 427 · New York Surrogate's Court · Mar 15, 1910

.” *432 This section received a practical construction in Brown v. Clark, 77 N. … Lewis v. Lewis, 11 N. Y. 220 . In the case of Woolley v. Woolley, 95 N.

In re the Construction of the Will of Astor

5 Misc. 2d 722 · New York Surrogate's Court · Apr 5, 1957

In Brown v. Quintard ( 177 N. Y. 75 ) decedent disposed of one quarter of his residuary estate by his will to one of his sons but failed to make disposition of the other three fourths. … While conceding that we are bound by the doctrine, counsel urged that the rule applies only where the gift is to named persons and is inapplicable where the gift is to a class, citing in Matter of Dunster [Brown v.

In re the Probate of Heirship of Hurter

14 Misc. 85 · New York Surrogate's Court · Mar 15, 1920

Culross v. Gibbons, 130 N. Y. 447, 454 , and cases cited; Pratt v. Johnston, 59 App. Div. 52, 54 ; Livingston v. Livingston, 56 id. 484-486; Hughes v. Cuming, 165 N. Y. 91 . … Brown v. Beckmann, 53 App. Div. 257 ; Matter of Stilwell, 139 N. Y. 337 ; Trowbridge v. Hayes, 21 Misc. Rep. 234 .

In re the Estate of Plummer

3 Mills Surr. 244 · New York Surrogate's Court · Jul 15, 1902

Such proceeds constitute assets for the payment of debts (Erwin v. Loper, 43 N. Y. 521 ; Glacius v. … Pritchard v. Kirsch, 58 App. Div. 332 , affd., 171 N. Y. 637 . Tax costs and settle decree on notice. Decreed accordingly.

In re the Estate of Vanderbilt

109 Misc. 2d 914 · New York Surrogate's Court · Apr 1, 1981

The Vanderbilt Museum was chartered by the New York State Board of Regents as an educational corporation on July 15,1949 for the purpose of maintaining and operating a public museum. … Y. v Carmody ( 158 App Div 738 , affd 211 NY 286 ) is reflective of the prevailing view.