Case law

In re the Estate of Brill

175 Misc. 236 · New York Surrogate's Court · Nov 1, 1940

(Matter of Mihlman, 140 Misc. 535 ; Matter of Coffin , 152 id. 619 ; Matter of Froman, 165 id. 400; Matter of Ackler, 168 id. 623; Matter of Brown, 212 App. Div. 677 ; affd., 240 N. Y. 646 .) … (Matter of Froman, 165 Misc. 400 ; Matter of Ackler, 168 id. 623; Matter of Brown, 212 App. Div. 677 ; affd., 240 N. Y. 646 ; Flynn v. McDermott, 183 id. 62.)

In re the Intermediate Judicial Settlement of the Accounts of Sanford

131 Misc. 238 · New York Surrogate's Court · Jan 17, 1928

Y. 174 ; Matter of Durbrow, Id. 469; Butterworth v. Keeler, 219 id. 446; Camp v. Presbyterian Society, 105 Misc. 139 ; Utica Trust & Deposit Co. v. Thomson, 87 id. 31.) … (Paterson v. Ellis, 11 Wend. 259 , 298; Locke v. F.L. & T. Co., 140 N. Y. 135, 145, 146 ; Matter of Hull, 97 App. Div. 258, 265, 266 .) In Paterson v.

In re the Judicial Settlement of the Account of Stiles

7 Mills Surr. 290 · New York Surrogate's Court · Oct 15, 1909

Snyder, who in fact furnished the board, was only by affinity; and, under the doctrine of Gallagher v. Vought, 8 Hun, 87 , was not of itself sufficient to repel an implication of agreement to pay for the board. … Pellettreau v. Smith, 30 Barb. 494 ; Matter of Franklin, 26 Misc. Rep. 107 ; Kohler v. Knapp, 1 Bradf. 241 ; Haven v. Haven, 1 Redf. 374 .

In re the Estate of Durkin

165 Misc. 366 · New York Surrogate's Court · Nov 16, 1937

(Brown v. Quintard, 177 N. Y. 75 .) *368 The cases relied on to support the opposite conclusion are readily distinguishable. In Matter of Stanton ( 230 App. … (Brown v. Quintard, supra; Bradhurst v. Field, 135 N. Y. 564 ; Matter of Andrews, 213 App. Div. 479 ; Matter of Willis, 158 Misc. 534 ; Leland v.

In re the Accounting of Frankenthaler

1 Misc. 2d 194 · New York Surrogate's Court · Oct 24, 1955

In the Lehmaier case the court stressed the fact that the testator dealt with his executors as his estate representatives and that he expected them to act as a board of executors and not as individuals. … A quite similar situation was before this court in Matter of Brown (122 N. Y. S. 2d 640) where there also was an explicit attempt to create a trust but an omission of the essential trust provisions.

In re the Judicial Settlement of the Account of Jones

1 Mills Surr. 150 · New York Surrogate's Court · Jul 15, 1899

In Wilcox v. … Winnie v. Hills, 91 Hun, 89, 92 ; Van Slooten v. Wheeler, 140 N. Y. 624, 633 .

In re the Estate of Sackler

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

Traditional concepts of trust law require that a trust be funded by a res (Brown v Spohr, 180 NY 201, 209 ; Matter of Ihmsen, 253 App Div 472 ). … Where that is the factual situation, "[t]he result is a merger, not merely into a legal life estate, Matter of Reed v. Browne, 295 N.Y. 184 , 66 N.E. 2d 47 , 165 A.L.R. 1061 ; Weeks v.

In re the Accounting of Howell

205 Misc. 420 · New York Surrogate's Court · Feb 25, 1954

Div. 759 ; Frankenberger v. Schneller, 258 N. Y. 270, 273 ; Culross v. Gibbons, 130 N. Y. 447, 453, 454 ; Matter of Finch, 81 N. Y. … (See, also, Bayreuther v. Reinisch, 264 App. Div. 138 .)

In re the Estate of McCormick

169 Misc. 672 · New York Surrogate's Court · Nov 30, 1938

E. 516 ; Brown v. United States, 65 F. [2d] 65. Contra, Funk v. Luithle, 58 N. D. 416 ; 226 N. W. 595 ; First Nat. Bank of Horse Cave v. Cann’s Ex’r, 247 Ky. 618 ; 57 S. … Sheldon v. Board of Appeals, 234 N.

In re the Estate of Ackerina

195 Misc. 383 · New York Surrogate's Court · Jun 20, 1949

The object of that law is to “ guard against fraud in the preparation and execution of wills ” (Du Bois v. Brown, 1 Dem. 317 , 325, affd. sub nom., Matter of Brown, 31 Hun 166 , affd. 13 N. E. 928 [N. Y.]). … Tuttle v. Tuttle ( 2 Dem. 48 ) cited by the respondents, has no bearing upon the result here reached.

In re the Accounting of Judson

206 Misc. 157 · New York Surrogate's Court · Jul 2, 1954

In Lewis v. Howe ( 174 N. … However, in Wright v.

Sutton v. Weeks

5 Redf. 353 · New York Surrogate's Court · Jan 15, 1882

But while the amount of the penalty of the bond is large enough, the surety Brown, is insufficient. … When the bond was executed, Brown could and did justify in more than the amount of its penalty ; but he has since met with reverses, *357 and is nob now worth over §8,000, and that is not enough.

In re the Estate of Wagner

101 Misc. 2d 967 · New York Surrogate's Court · Dec 7, 1979

Smoake v Morrow, 58 Misc 2d 266, 268 ; see, also, Fisch, New York Evidence [2d ed], § 1063). … It appears from the information before the court at this time that the county board of representatives, not the hospital’s board of managers has the authority to accept and administer gifts of this kind.

In re the Estate of Cudahy

49 Misc. 2d 668 · New York Surrogate's Court · Mar 25, 1966

This is a proceeding by the executrix to determine the validity and enforcibility of a claim of the *670 Board of Public Welfare of Nassau County against the estate in the total amount of $4,143.48, for payments made by it … S. 2d 62; Whalen v. Downs, 10 A D 2d 148). In addition, the court is not in a position without an accounting to pass upon the question of whether or not this estate is insolvent.

In re the Estate of Eyck

14 Mills Surr. 1 · New York Surrogate's Court · Feb 15, 1915

V. … New York Inst, for Blind v. Fitch, 154 N. Y. 14, 38 .)

In re the Estate of Carney

73 Misc. 2d 579 · New York Surrogate's Court · Mar 12, 1973

The essential elements of a valid trust of personal property are stated in Brown v. Spohr ( 180 N. … Browne, 295 N. Y. 184 ).

In re Accounting of Bank of New York

187 Misc. 45 · New York Surrogate's Court · Feb 21, 1946

(Rasquin v. Hamersley, 152 App. Div. 522, 527 , affd. 208 N. Y. 630 ; Matter of Union Trust Co., 170 App. Div. 176 , mod. sub nom. Matter of Union Trust Co. [Detmold], 219 N. Y. 537 ; Brown v. Tanz, 176 App. … . *50 The court believes it appropriate, in passing, to comment on Soper v. Brown ( 136 N. Y. 244 ).

In re the estate of Dowd

58 How. Pr. 107 · New York Surrogate's Court · Sep 15, 1879

McGillis, 9 Barb., 35; Brown agt. Brown, 16 Barb., 572 ; Vandermark agt. Vandermark, 26 Barb., 418 ; Adams agt. Wynne, 7 Paige, 97 ; McNaughton agt. McNaughton, 34 N. … of argument against such interpretation, inasmuch as under sections 43 and 44 Revised Statutes above referred to, the subsequent marriage of a testator, followed by birth of children, or a subsequent marriage alone of an v/

In re the Accounting of Reeve

3 Mills Surr. 190 · New York Surrogate's Court · Jul 15, 1902

It seems, however, that this case, with Conkling v. Brown, 57 Barb. 269 , and Wheeler v. Clutterbuck, 52 N. Y. 67 , holds otherwise and supports McCarthy v. Marsh, supra. … —For diagrams of genealogical tree in this case and in Valentine v. Wetherill, Conkling v. Brown and Wheeler v. Clutterbuck, see 38 Misc. 413 .—Ed.

In re the Estate of Thoms

76 Misc. 2d 132 · New York Surrogate's Court · Dec 11, 1973

Since the executrix was not served until November 28,1960 the court held that the action was barred (see Brown v. Ingersoll, 226 N. Y. S. 2d 479). No appeal was taken from that decision. … The court, in Brown v. Ingersoll (226 N. Y. S. 2d 479, supra), held in 1962 that petitioner’s claim was barred by the six-year Statute of Limitations applicable to an action upon a contract (Civ. Prac. Act, § 48).