Case law

In re the Administration upon the Estate of Terwilliger

7 Mills Surr. 184 · New York Surrogate's Court · May 15, 1909

These two documents, to my mind, point clearly to the conclusion that decedent considtred Letitia 'his wife and Iris his lawful son, and desired the world to so understand and consider their relations as man and wife from … Teats as administrators, and revoking their letters, and appointing Letitia Terwilliger administratrix upon her duly qualifying as such. Decreed accordingly.

In re the Estate of Layden

92 Misc. 2d 353 · New York Surrogate's Court · Nov 23, 1977

purpose of arriving at a choice of law, the 'particular issue’ of distribution of damages may be isolated from the issue of recovery of damages — as the latter has been from issues of limitation of damages, interspousal immunity … In view of the established choice of law rules hereinabove set forth, this court is of the opinion that the jurisdiction having the most significant and predominant relationship for purposes of distribution of the recovery

In re the Estate of Eakins

170 Misc. 59 · New York Surrogate's Court · Feb 3, 1939

the effect of non-receipt of notices, a plethora of which are optimistically tendered as in support of their position that by reason of their asserted failure to receive the notice they are still at liberty to purchase immunity … The Skinner case, far from being “ directly in point,” is perhaps the most clearly inapplicable of the many cases cited. The issue *65 in that litigation was the liability of the estate for an assessment.

In re the Construction of the Will of Sloane

199 Misc. 265 · New York Surrogate's Court · Jun 26, 1950

The petitioners, three of the four persons who have qualified as executors and trustees, assert that the provision requiring unanimity of consent to fiduciary action is effective only in situations involving (a) a complete … On the contrary, it clearly appears that they were all investment enterprises whose chief source of income was derived from the operation of rental properties.

In re the Estate of Dann

111 Misc. 2d 279 · New York Surrogate's Court · Nov 4, 1981

To date, no clearly articulated reason for the statutory enactment which provides for recoupment of medical assistance from those over the age of 65 and not from those under the age of 65 has been discovered. … To those individuals under 65 who seek to qualify for medical assistance because their resource level makes them “eligible for home relief” there are also income restrictions imposed on qualifying.

In re the Accounting of Roberts

28 Misc. 2d 177 · New York Surrogate's Court · Mar 13, 1961

As executor it names the son, who qualified and remained such until he died January 14, 1948. … The agreement was clearly made with reference to settling decedent’s estate as shown by the estate books at the time.

In re the Will of Paine

181 Misc. 196 · New York Surrogate's Court · Mar 10, 1943

The residuary estate was bequeathed to his trustees for the purpose of establishing a fund to be known as “ The Martin S. Paine Foundation ”. … This is demonstrated clearly by the recent decision of the United States Supreme Court in Harrison v. Northern Trust Co. ( 317 U. S. 476 ).

In re the Estate of Rosenak

184 Misc. 2d 807 · New York Surrogate's Court · Jul 5, 2000

The competence of the decedent to make a will and his freedom from restraint have been established with respect to such instruments (SCPA 1408 [2]). … However, in paragraph 5 of the Hebrew will, there was clearly a typographical error.

In re McKay

5 Misc. 123 · New York Surrogate's Court · Sep 15, 1893

McKay, as such trustees, each of whom soon thereafter duly qualified in the manner prescribed by such order. … In the light of the various authorities cited, the conclusion is irresistible that the legacy to the widow in this case is entitled to priority; but her rights as such legatee are not fully established without determining

In re the Estate of Jones

8 Mills Surr. 504 · New York Surrogate's Court · Dec 15, 1911

In this State the doctrine is firmly established that, in a will of personal estate, the testator is presumed to speak with reference to the time of his death. Lynes v. Townsend, 33 N. Y. 558 . … A reference to the will shows how clearly the testator comprehended the objects of his bounty.

In re the Will of Burnside

185 Misc. 808 · New York Surrogate's Court · Aug 28, 1945

Although during most of her lifetime, the testatrix had no established business, she nevertheless made some use of the car in protecting her investments and property interests. … In this will, the word “ effects ” is qualified by the word “ personal ”, as well as being limited by the other provisions in the will.

In re the Estate of Curtiss

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

The record shows very clearly that the great majority of his trips north during the last three years of his life were necessary in connection with this litigation. … Obviously, there could be no real comparison between this house and the pretentious establishment in Country Club Estates.

In re the Accounting of Sorock

25 Misc. 2d 450 · New York Surrogate's Court · Sep 15, 1960

established or reasonably determined by the executors in their sole judgment; or (3) their inability “to be entitled to and enjoy the beneficial use of this gift”. … The emphasized words strengthen the interpretation that she intended to create a vested interest in the qualified beneficiary surviving her as of date of distribution.

In re the Estate of Dettmer

178 Misc. 401 · New York Surrogate's Court · Apr 7, 1942

The court should not sweep aside detailed, carefully thought out testamentary provisions in a frantic effort to establish invalidity, but rather should endeavor to uphold and effectuate the clearly expressed intent of the … It was clearly his intent that his distributees should not share in the residue of the remainder, he having provided for his children during his lifetime and having clearly expressed his intent both in his will and particularly

In re the Estate of Hofmann

188 Misc. 2d 841 · New York Surrogate's Court · Feb 2, 2001

Before the Court are a motion to dismiss the answer of the executors who ultimately qualified as permanent fiduciaries, and a motion to seal the answer and to seal the sealing motion. … Viewed in this light, the allegations contained in the answer clearly establish a prima facie case of bad faith by the preliminary executors which would support the denial of all of their counsel fees against the assets of

In re the Estate of Sielcken

162 Misc. 54 · New York Surrogate's Court · Feb 6, 1937

She clearly had another trait of character which is demonstrated occasionally by certain litigants in this and other courts — the faculty of never accepting as final any settlement made with them. … At the time these services were rendered, the executor had not yet qualified as temporary administrator.

In re the Estate of Clark

136 Misc. 459 · New York Surrogate's Court · Feb 28, 1930

These sections are aimed at the original grant of letters and qualification of trustees, but after letters are issued or a trustee qualifies a wholly different situation prevails. … It clearly anticipated that a condition might exist or a situation arise where it would not be advisable to revoke letters issued to or remove from office a fiduciary, notwithstanding the provisions of section 94.

In re the Estate of Hanrette

140 Misc. 832 · New York Surrogate's Court · Jul 20, 1931

Hanrette by the surrogate of Livingston county February 24, 1925, and qualified and letters are still in full force. … Y. 257 ) the court laid down the law as follows: “ The duty of executors clearly does not permit them merely by allowing or paying claims against the estate without regard to their character to shift the burden of proof upon

In re the Estate of Grupp

160 Misc. 2d 407 · New York Surrogate's Court · Mar 8, 1994

distributed to such other qualifying charities as the trustee shall select. … appearance of the clause in the September 11 will, positioned just after the preresiduary gifts, to which substantial changes had been made, and the over-all estate plan, consistently articulated in this and prior wills, clearly

In re Jeffrey's Estate

137 N.Y.S. 168 · New York Surrogate's Court · May 27, 1912

The father was named as executor, and qualified, and has been acting as such. … This principle is clearly established both in England and in America, and the strict rule of the common law regarded the parent as without legal right to reimbursement for his outlay in this direction.