Case law

In re the Estate of Reiner

86 Misc. 511 · New York Surrogate's Court · May 5, 1976

That respondent claimed that decedent paid her the $2,000 for past board and care and upon the further agreement by Mrs. Albrecht that she would board and care for decedent as long as she lived. … Corp. v New York City Tr. Auth. ( 22 NY2d 187 ) plaintiff, a painting contractor, instituted an action to recover for services on the basis of quantum meruit.

In re the Estate of Lesser

158 Misc. 895 · New York Surrogate's Court · Apr 3, 1936

(Riker v. Cornwell, 113 N. Y. 115, 124 ; Albany Hospital v. Albany Guardian Society, 214 id. 435, 446.) … (Oliver v. Wells, 254 N. Y. 451 ; see, also, Brown v. Knapp, 79 id. 136, 143; Dinan v. Coneys, 143 id. 544, 547 ; Matter of Brush, 154 Misc. 480, 482 ; affd., 246 App. Div. ——.)

In re the Estate of Ebbets

155 Misc. 870 · New York Surrogate's Court · Jun 12, 1935

Gilleaudeau, is a director of both corporations and that the same is true of the vice-chairman of the board of directors of the corporate fiduciary. … (See, also, Friedeberg v. Haffen, 162 App. Div. 79, 80 ; Franklin v. Judson, 96 id. 607; Clyde v. Rogers, 24 Hun, 145 , 146; Wertheim v. Cont. Ry. & Trust Co., 3 Civ. Proc. Rep. 371, 374, 375; Cent. Nat. Bank v.

In re the Estate of Winburn

140 Misc. 18 · New York Surrogate's Court · Apr 28, 1931

(Jones v. Jones, 2 N. Y. Supp. 844 .) There is no need for executors to jettison worth-while stocks during a financial panic. … (Brown v. Cleveland Trust Co., 233 N. Y. 399, 405 ; Matter of Clark, supra; Matter of Hurlbut, 210 App. Div. 456 .)

In re the Estate of Miller

162 Misc. 563 · New York Surrogate's Court · Mar 19, 1937

(Lawrence v. Brown, 5 N. Y. 394, 401 ; Jewett v. Miller, 10 id. 402, 409 ; Manufacturers’ & Traders’ Bank v. Hazard, 30 id. 226, 230; Continental Nat. Bank v. National Bank of the Commonwealth, 50 id. 575, 581; Blair v. … Dec. 129, 132 ; Brown v. Leigh, 49 N. Y. 78, 80 ; Divine v. Duncan, 2 Abb. N. C. 328, 330 ; see, also, Harriss v. Tams, 258 N.

In re the Construction of the Will of Lawless

194 Misc. 844 · New York Surrogate's Court · Feb 25, 1949

Y. 578 ; Matter of Macaulay, 173 Misc. 887, 889 ; Matter of Leo, 170 Misc. 491, 494 ; Matter of Dazian, supra, p. 153 ; Matter of Browning, 165 Misc. 819 , and cases cited p. 830, affd. 254 App. Div. 843 , affd. 281 N. … Board of Pensions of Presb. Church, 261 App. Div. 823 , motion for leave to appeal denied 261 App.

In re the Estate of Schweigert

2 Gibb. Surr. 67 · New York Surrogate's Court · May 15, 1896

In Gaze v. … This section received application in Brown v. Clark, 77 N.

In re the Application for the Revocation of the Probate of the Codicil to the Last Will & Testament of Hawley

4 Mills Surr. 358 · New York Surrogate's Court · Jun 15, 1904

. *360 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 … Rep. 188 ; Brick v. Brick, 66 N. Y. 144 ; Matter of Snelling, 136 id. 515; Children’s Society v. Loveridge, 70 id. 387; Cudney v. Cudney, 68 id. 152; Matter of Brunor, 19 Misc.

In re the Estate of Pavese

195 Misc. 2d 1 · New York Surrogate's Court · May 30, 2002

Swisher, 72 NY2d 106, 109 ; Merl v Merl, 67 NY2d 359, 362 ; Goldman v Goldman, 282 NY 296 ). … While the Surrogate in Mirizzi ( 187 Misc 2d at 485 ) went so far as to hold that entry of the judgment of divorce was a mere ministerial act (see, Brown v Brown, 208 AD2d 485 ), the Appellate Division chose to limit its

In re the Estate of Matthews

9 Mills Surr. 60 · New York Surrogate's Court · Jan 15, 1912

George v. … McCartee v. Camel, 1 Barb. Ch. 455 ; King v. Paddock, 18 Johns. 141 ; Eagle v. Emmet, 4 Bradf. 117 ; O’Gara v. Eisenlohr, 38 N. Y. 296 ; Young v. Shulenberg, 165 id. 385, 389 ; Ogilvie v. Wright, 1 Johns.

In re the Estate of Smathers

153 Misc. 132 · New York Surrogate's Court · Sep 28, 1934

Association is successor, the assistant trust officer says: “ The' escrow instructions do not require assumption of mortgage by Smathers as part of the consideration, but we hold in our files a resolution passed by the Board … (Simson v. Brown, 68 N. Y. 355, 361; Van Clief & Sons, Inc., v. City of New York, 141 Misc. 216, 219 .)

In re the Judicial Settlement of the Account of Lancaster

1 Mills Surr. 213 · New York Surrogate's Court · Jul 15, 1899

During the period of eight months preceding the entry of the first order the executors likewise allowed the general guardian $20 weekly for the board and care of each child. … Ireland v. Ireland, 84 N. Y. 321 . Certainly, the juxtaposition of the figures representing the incomes of these infants, with the allowances made for their care and support, does not shock the conscience of the court.

In re the Accounting of Title Guarantee Co.

29 Misc. 2d 321 · New York Surrogate's Court · Apr 24, 1961

Brown, Justice of the Supreme Court and Acting Surrogate. Testator died September 14, 1910. His will made *322 five years before was probated October 17, 1910. … Y. 891 ; Matter of Leonard, 143 Misc. 172 and cases therein cited; Matter of Ossman v. Von Roemer, 221 N. Y. 381 ; Wright v. Wright, 225 N. Y. 329 ; Matter of Evans, 165 Misc. 752 , affd. 258 App.

In re the Estate of Semenza

159 Misc. 487 · New York Surrogate's Court · May 15, 1936

Law, § 40; Oliver v. Wells, 254 N. Y. 451, 457 ; Matter of Hitchcock, supra; Fulton Trust Co. v. Phillips, 218 N. Y. 573, 581, 583 ; Stringer v. Young, 191 id. 157, 162; Kalish v. Kalish, supra; Matter of Brown, 154 N. … Y. 313, 326, 327 ; Losey v. Stanley, 147 id. 560, 567; Monarque v. Monarque, 80 id. 320, 325; Moore v. Littel, 41 id. 66, 76, 77, 80; Matter of Doherty, 227 App. Div. 265, 268 .)

In re the Construction of the Will of Hoyle

28 Misc. 2d 133 · New York Surrogate's Court · Dec 7, 1960

The legacy of $500 provided for that institution in paragraph 5 may, therefore, be paid to the City of Philadelphia as such trustee (Kernochan v. Farmers Loan & Trust Co., 187 App. Div. 668 , affd. 227 N. Y. 658 ). … The insurance policies referred to in that paragraph designated specific beneficiaries and could not be the subject of testamentary disposition (Matter of Brown, 27 Misc 2d 821 ).

In re the Judicial Settlement of the Estate of Summons

5 Mills Surr. 148 · New York Surrogate's Court · Nov 15, 1905

Carnwright v. Gray, 127 N. Y. 92 ; Hickok v. Bunting, 92 App. Div. 167 ; Velie v. Titus, 60 Hun, 405 ; Root v. Strang, 77 Hun, 14 . … Worth v. Case, 42 N. Y. 362 . Rote proved to have been given for board, nursing and caring for the maker, at the house of the payee, and for future similar services to be rendered.

In re the Estate of Johnson

41 Misc. 2d 314 · New York Surrogate's Court · Dec 10, 1963

Morris v. Sickly ( 133 N. … The standard of construction always has been the intention of a testator at the date of the will and not at times either prior or subsequent to the execution of that document (Brown v. Quintard, 177 N. Y. 75 ).

In re the Estate of Nelson

143 Misc. 843 · New York Surrogate's Court · Jun 2, 1932

shall be used for the founding of a home in Herkimer county to be known as “ The Nelson Home for Aged Men and Couples,” with somewhat minute directions as to location, eligibility of inmates, entrance fee, selection of the board … (Hermann v. Ludwig, 186 App. Div. 287 .)

In re the Estate of Badenhausen

38 Misc. 2d 698 · New York Surrogate's Court · Feb 1, 1963

Div. 351 ; Matter of Guernsey, 10 Misc 2d 546 ; Chase v. Russell, 128 N. E, 712 [Mass.].) … (Matter of Reed v. Browne, 295 N. Y. 184 .) Faced, then, with a destruction of the trust, by operation of law, some modification of the intention of the testatrix is unavoidable.

In re the Estate of Isaacs

86 Misc. 954 · New York Surrogate's Court · Apr 28, 1976

(Duncan v Clarke, 308 NY 282 ; Matter of Browning, 165 Misc 675 , affd 255 App Div 764 , affd 280 ,NY 584.) … (Duncan v Clarke, supra, p 285 ). This appears to be a distinction without a difference.