Case law

In re the Estate of McCoy

157 Misc. 281 · New York Surrogate's Court · Nov 20, 1935

(Schnell v. Perlmon, supra; Hettrick Manufacturing Co. v. Barish, supra.) … Foreign judgments and decrees were never given priority over simple contract debts under the common law; and after the “ act of Union,” even an Irish judgment was not given priority in England (Brown v.

In re the Estate of Johnston

165 Misc. 2d 842 · New York Surrogate's Court · Jun 1, 1995

Johnston, Past President, Chateaugay Central School District Board of Education). … Bank v Danforth, 523 SW2d 808, 813 [Mo], cert denied 421 US 992 , 1016.)

Timpson's Estate

15 Abb. Pr. 230 · New York Surrogate's Court · Apr 15, 1872

The case of Hosack v. … Is such the object and intent of that section % It seems to me that such a construction would do violence to all our ideas of justice, and is emphatically disapproved by Justice Brown in the case of Seaman v. Duryea.

In re the Estate of Curtiss

140 Misc. 185 · New York Surrogate's Court · May 7, 1931

(Cooper’s Administrators v. Commonwealth, 121 Va. 338 ; People ex rel. Beers v. Feitner, 40 Misc. 368 ; Hammond v. Hammond, 103 App. Div. 437 ; Lewis v. Beach, 112 N. Y. Supp. 200 ; Libby v. Mason, 42 Hun, 470 .) … Curtiss as a member of the “Board of Commissioners of the Okeechobee Flood Control District.”

In re the Estate of Beall

184 Misc. 881 · New York Surrogate's Court · Apr 28, 1945

Y. 67 ; Matter of Van Buren v. Estate of Decker, 204 App. … It is unnecessary to discuss whether or not regulations of an administrative board may circumscribe the actions of courts in the discharge of their duty, (See Bowles v. Rugg, 57 F. Supp. 116 ; Speicher v.

In re K. W. V.

92 Misc. 2d 292 · New York Surrogate's Court · Nov 18, 1977

He was hospitalized and then admitted to a shelter boarding home on January 4, 1972. … Matter of Susan W. v Talbot G., 34 NY2d 76, 80 ; Matter of Maxwell, 4 NY2d 429, 433.)

In re the Estate of McCaslin

114 Misc. 2d 27 · New York Surrogate's Court · May 14, 1982

, or medical expenses”, paragraph “fourth” has provided a standard by which, in the proper circumstances, an invasion of corpus could be compelled, independent of EPTL 7-1.6 (Matter of Cooper, 76 Misc 2d 166 ; Matter of Browning … recent cases, incidentally, have denied the application to compel an invasion where it would be for the purpose of reimbursing governmental agencies which have provided benefits to the trust beneficiary (see Matter of Maul v

In re the Appraisal of the Estate of Cook

5 Mills Surr. 416 · New York Surrogate's Court · May 15, 1906

Brown, S. … Armstrong v.

In re the Estate of McCann

155 Misc. 763 · New York Surrogate's Court · Jun 12, 1935

See also, Matter of Stolz, 145 id. 799; Matter of Brown, 153 id. 282.) … Y. 225 ; Matter of Young v. Hicks, 92 id. 235; Matter of Wylie, 187 App. Div. 840 .)

In re the Construction of the Will of Eastgate

2 Misc. 2d 274 · New York Surrogate's Court · Jun 22, 1966

Co. v. Winthrop (237 N. Y. 93 ). … The very provision for the substitution of another class, the class of next of kin, is a token that survivorship was thought of as a condition of the gift (Salter v. Browne, 205 N. Y. 204, 213 ; Bowman v.

In re the Estates of Stewart

2 Gibb. Surr. 248 · New York Surrogate's Court · Oct 15, 1897

Kearney v. McKeon, 85 N. Y. 189 . … Moore v. Moore, 3 Abb. Ct. App. Dec. 303 ; Williams v. Hutchinson, 3 N. Y. 312 ; Ross v. Ross, 6 Hun, 182 .

In re the Estate of Saxton

176 Misc. 2d 724 · New York Surrogate's Court · May 4, 1998

The trustee refused to turn over the bank examiner reports claiming it was barred from doing so by both the Superintendent of Banks of New York and the Federal Reserve Board and their respective regulatory powers (see, Banking … Finally, the trustee cites Bolm v Triumph Corp. ( 71 AD2d 429 [4th Dept 1979]).

In re the Estate of Wimpfheimer

8 Misc. 3d 538 · New York Surrogate's Court · May 3, 2005

Summary judgment cannot be granted unless it appears that no material triable issues of fact exist (Phillips v Kantor & Co., 31 NY2d 307 [1972]; Click & Dolleck v Tri-Pac Export Corp., 22 NY2d 439 [1968]). … Pope, 12 NY2d 491 [1963]; Esteve v Abad, 271 App Div 725 [1947]).

In re the Estate of Olcott

161 Misc. 890 · New York Surrogate's Court · Jan 26, 1937

(Bourne v. Bourne, 240 N. Y. 172, 175 .) Second. Gain by increment in capital valuation goes to principal. (Pratt v. Ladd, 253 N. Y. 213, 219 .) Third. … (Equitable Trust Co. v. Prentice, 250 N. Y. 1, 8 ; Pratt v. Ladd , 253 id. 213, 218 ; U. S. Trust Co. v. Heye, 224 id. 242, 254 .)

In re the Judicial Settlement of the Estate of Norton

1 Mills Surr. 590 · New York Surrogate's Court · Jul 15, 1900

Harrington v. People, 6 Barb. 607 -610; Manning v. Johnson, 7 id. 457; Sheldon v. Wright, 5 N. Y. 497 -511; Turner v. Roby, 3 id. 193. … Kerr v. Kerr, 41 N. Y. 272 ; Windsor v. McVeigh, 93 U. S. 274 .

In re the Estate of Merrihew

171 Misc. 541 · New York Surrogate's Court · May 16, 1939

Y., one a farm with boarding house and two wood lots. His personal property consisted of $4,491.65. … (Kinyon v. Kinyon, 72 Hun, 452 .) With this in mind, there can be no reason why a father should not make such a contract with a child which should entirely bar his claim as an heir to any part of the parent’s estate.

In re the Probate of the Paper Propounded as the Will of Clark

1 Tuck. Surr. 445 · New York Surrogate's Court · Jul 1, 1870

Brown, 11 Wendell R., p. 227, Hr. … Similar views are enunciated in Colvin v. Fraser, 2 Hagg., p. 166; Freeman v. Gibbons, 2 Hagg., p. 325 ; Boughty v. Moreton, 3 Hagg., p. 191; Lambdell v. Lambdell, 3 Hagg.,p. 568; Hare v.

In re the Estate of Oppenheim

175 Misc. 634 · New York Surrogate's Court · Jan 10, 1941

Y. 288, 306 ; Matter of Chittick, 243 id. 304, 319 ; Seitz v. Faversham, 205 id. 197, 202; Fargo v. Squires, 154 id. 250, 260; Hillen v. Iselin, 144 id. 365, 378; Purdy v. Hayt, 92 id. 446, 456.) … (See e. g., Benedict v. Webb, 98 N. Y. 460, 466, 467 ; Holmes v. Mead, 52 id. 332, 345; Rice v. Barrett, 102 id. 161, 164; Tilden v. Green, 130 id. 29, 50; Matter of Butterfield, 133 id. 473, 476; Brown v.

In re the Estate of Horn

151 Misc. 261 · New York Surrogate's Court · Apr 26, 1934

Hill, 4 Dem. 69 , 70; and see Matter of Wingersky, 75 Misc. 79 , and Watkins v. Brown, 89 App. Div. 193 ); nor was he under the former statutory liability as a husband inheriting her estate (Romig v. Sheldon, 124 N. Y. … (Ruggiero v. Tufani, 54 Misc. 497 ; Hoffman v. Kanze, 7 id. 237; Huhna v. Theller, 35 id. 296.) This case falls within the exception made in 1932 in subjecting the money exemption, if needed, to funeral expenses (Surr.

In re the Estate of Turner

148 Misc. 142 · New York Surrogate's Court · Jun 19, 1933

(Garlock v. Vandevort, 128 N. Y. 374 ; Heaton Surr. Ct. [5th ed.] 381.) … (Herrington v. Lowman, 22 App. Div. [3d Dept.] 266; Matter of Tangerman, 226 id. [3d Dept.] 162, 164.) In view of the surrounding circumstances in connection with this case, costs are not allowed to any party.