Case law

In re the Estate of Hock

160 Misc. 621 · New York Surrogate's Court · Oct 1, 1936

Act, § 142; Wyman v. Wyman, 118 App. Div. 109, 114 ; affd., 197 N. Y. 524 ; Matter of Cottrell, 95 id. 329, 333; Matter of Sizer, 129 App. Div. 7, 11 ; affd., 195 N. … Act, § 142) received practical construction in Brown v. Clark ( 77 N.

In re the Estate of Mills

1 Mills Surr. 608 · New York Surrogate's Court · Sep 15, 1900

Brown, P. … That it would pass to the personal representatives seems to be determined in Fisher v. Banta, 66 N.

In re the Estate of Astor

187 Misc. 27 · New York Surrogate's Court · Mar 28, 1946

There can be no-doubt that in our current usage the word “ securities ” includes stocks and bonds (1 Restatement, Trusts, § 227, Comment u, p. 657; Rosenthal v. Brown, 247 N. Y. 479 ). … (Given v. Hilton, 95 U.

In re the Estate of Ebbets

153 Misc. 775 · New York Surrogate's Court · Dec 18, 1934

De Mott is a director and a vice-chairman of the board of directors of Brooklyn Trust Company, which in turn is a trustee of this estate. … Manice v. Powell, 201 id. 194, 201), and is prohibited from discriminating between the several persons ultimately interested in the corporation (Jones v. Terre Haute & Richmond R. R. Co., 57 N. Y. 196, 205 ).

In re the Estate of Sackler

149 Misc. 2d 734 · New York Surrogate's Court · Dec 26, 1990

v Spohr, 180 NY 201 ). … Co. v Blair, 214 NY 497 ; 3 Pomeroy, Equity Jurisprudence § 1062 [3d ed]).

In re the Estate of Ely

157 Misc. 578 · New York Surrogate's Court · Dec 24, 1935

medical attention to the petitioner, the heating of the residence and the upkeep of the grounds; to augment the income with such payments of principal as are necessary to provide for the maintenance, comfort, support and board … Matter of Burr ( 83 Misc. 240 ); Lyon v. Lyon ( 65 N. Y. 339 ); Soper v.

In re Buttner

125 Misc. 224 · New York Surrogate's Court · Jun 17, 1925

(Boynton v. Lahens, 81 Misc. 352, 355 ; Monarque v. Monarque, 80 N. Y. 320 ; Schermerhorn v. Cotting, 131 id. 48, 56.) … (Salter v. Browne, supra; Matter of Bailey, 124 Misc. 466 , and cases cited.)

In re the Accounting of Dugan

189 Misc. 687 · New York Surrogate's Court · Jun 20, 1947

These statements need no clarification by evidence extrinsic to the will itself. ' In Brown v. Quintard ( 177 N. … (Schley v. Andrews, 225 N. Y. 110 ; McDonald v. McDonald, 228 App. Div. 341 ; Lake v. Lake, 136 id. 47; France v. France, 79 id. 291; Train v. Davidson, 20 id. 577.) ” The court further stated, at page 735: “ In Lake v.

In re the Estate of Lieberman

133 Misc. 2d 979 · New York Surrogate's Court · Nov 26, 1986

is that it confers upon the holder a part ownership of the assets and the right to participate according to the amount of his stock’ ” (In re Muhlfeld’s Will, 157 NYS2d 302 , 305 [Sur Ct, Bronx County 1956], quoting Cass v … trust is an investment company which is organized under a trust indenture, which issues only redeemable securities each of which represents an undivided, interest in a unit of specified securities, and which does not have a board

In re the Estate of Vetroock

34 Misc. 2d 1073 · New York Surrogate's Court · Jun 28, 1962

(Moskowitz v. Marrow, 251 N. Y. 380 ; Marrow v. Moskowitz, 255 N. Y. 219 ; Inda v. Inda, 32 N. Y. S. 2d 1001, affd. 263 App. Div. 925 , affd. 288 N. Y. 315 .) … (Empson v. Empson, 123 Misc. 1 .) The Court of Appeals of this State long ago in Brown v. Quintard ( 177 N.

In re the Estate of Proppe

46 Misc. 2d 247 · New York Surrogate's Court · Apr 19, 1965

Y. 338, 342 ), unless a literal construction would produce a result plainly contrary to that intended by the Legislature (Matter of Phillips v. Board of Educ. of City of N. Y., 81 N. Y. S. 2d 827, affd. 275 App. … Bank & Trust Co. of Utica v. Manikas, 10 Misc 2d 671 ).

In re the Estate of Frothingham

138 Misc. 243 · New York Surrogate's Court · Oct 15, 1930

Y. 450 ) and Bourne v. Bourne (240 id. 172). The latter decision contains several paragraphs, the clear recollection of which is important in this connection. … This is an absolutely ascertainable fact which has been determined by the stipulation and is not a question coming within the discretionary power of the board of directors as might be the case of a pending unliquidated and

In re the Estate of Fischer

158 Misc. 550 · New York Surrogate's Court · Feb 28, 1936

Y. v. … (Gregory v. Thomas, 20 Wend. 17, 19 .) Similar pronouncements in various branches of the law are literally legion. (Constant v. University of Rochester, 111 N. Y. 604, 613 ; Brown v. Volkening, 64 id. 76, 82; Sanger v.

Shute v. Shute

5 Dem. Sur. 1 · New York Surrogate's Court · Sep 15, 1886

The administrator testified that, on one occasion, he heard the deceased say he ought to charge Mary, who lived with him, for board, but as there was no proof that he did so charge her, or that the administrator made any … It may not be out of place to remark that it does not appear, in the report of the case of Smith v.

In re the Estate of Potts

123 Misc. 346 · New York Surrogate's Court · Jun 12, 1924

been difficulty in the incorporation of the hospital corporation due largely to local opposition, in fixing the site for the proposed hospital in the town of Livingston in this county and an appeal was had to the appeal board … Div. 425, 429 , citing Head v. Hargrave, 105 U. S. 45 ; Reeves v. Hyde, 14 Daly, 431 ; The Conqueror, 166 U. S. 131 . In Gross v. Moore, 14 App.

In re the Accounting of Bluford

201 Misc. 138 · New York Surrogate's Court · Oct 30, 1951

Included in the claim are charges for board and lodging and nursing care furnished to the intestate during his last illness. To support such claim, the husband of the claimant was called as a witness. … (Whitman v. Foley, 125 N. Y. 651 ; Savercool v. Wilsey, 5 App. Biv. 562; Griggs v. Renault Selling Branch, 179 App. Div. 845 ; Walsh v. Herrick, 248 App. Div. 799 ; Matter of Brush, 226 App.

In re the Application for a Construction of Last Will & Testament of Grossman

131 Misc. 526 · New York Surrogate's Court · Feb 24, 1928

(Doughty v. Stillwell, 1 Bradf. 300, 311 ; Macy v. Sawyer, 66 How. Pr. 381, 384 ; Rathbone v. Dyckman, 3 Paige, 9 , 27; Jackson v. Merrill, 6 Johns. 185, 190 .) … (Mann v. Executors of Mann, 1 Johns. Ch. 231,234 ; Reynolds v. Robinson, 82 N. Y. 103,106 ; Brown v. Quintard, 177 id. 75, 83; Matter of Phipps, 214 id. 378, 381; Matter of Fowles, 95 Misc. 48, 51 ; revd., 176 App.

In re McConnon

6 Mills Surr. 468 · New York Surrogate's Court · Jun 15, 1908

Brown v. Lynch, 2 Brad. 240 . The jurisdiction of the Surrogate to appoint a guardian depends upon the actual residence of the infant and not upon its legal domicile. Ex parts Pierce, 12 How. Pr. 532 . … Johnson v. Borden, 4 Dem. 36 .

In re Benedict

13 Abb. N. Cas. 67 · New York Surrogate's Court · Dec 15, 1882

Benedict signed the note as surety; a fact which it was competent to prove by parol testimony (Hubbard v. Gurney, 64 N. Y. 457). The furniture and property of Mrs. … The court of appeals held, in Bank of Poughkeepsie v. Hasbrouck ( 6 N.

In re the Judicial Settlement of the Account of Carr

2 Gibb. Surr. 511 · New York Surrogate's Court · Jun 15, 1898

J., in Petrie v. … In Scofield v.