Case law

In re the Estate of Pastore

155 Misc. 247 · New York Surrogate's Court · Apr 17, 1935

Y. 68 ; Olmsted v. Keyes, 85 id. 593; Ferdon v. Canfield, 104 id. 143; Cuyler v. Wallace, 183 id. 291; Schoenholz v. N. Y. Life Ins. Co., 234 id. 24; Ruckenstein v. Metropolitan Life Ins. Co., 263 id. 204; Lockwood v. … Brown, 17 Ind. 410, 413 ; Bennett v. Cook, 28 S. C. 353, 363; 6 S. E. 28 ; Graham v. Plotner, 47 Ind. App. 462 ; 151 N. E. 735, 739 .)

In re the Estate of Evans

165 Misc. 752 · New York Surrogate's Court · Dec 27, 1937

Y. 284 ; Connelly v. O’Brien, 166 id. 406 ; Hersee v. … Typical of these cases are Brown v. Gardner ( 233 N. Y. 261 ) and Matter of Farmers’ Loan & Trust Co. (189 id. 202). In other cases cited the general rule was held to yield to language indicating a different intent.

In re the Estate of Bloomingdale

171 Misc. 31 · New York Surrogate's Court · Dec 31, 1938

In reaching that conclusion I have applied to the valuation of the real estate held by the corporation the tests laid down in Heiman v. Bishop ( 272 N. … Y. 83 ); Matter of New York Title & Mortgage Co. (277 id. 66), and Matter of Board of Water Supply of the City of New York (Id. 453).

In re the Estate of Hamersley

152 Misc. 903 · New York Surrogate's Court · Sep 5, 1934

In its capacity as trustee it had no power to take direct action for filling a vacancy in the board of executors. … (King v. Talbot, 40 N. Y. 76 .)

In re the Estate of Lynch

154 Misc. 260 · New York Surrogate's Court · Jan 10, 1935

In 1924 he came to New York State and made inquiries from the Board of Law Examiners as to the requisite qualifications to secure admission to the bar. He served a clerkship in a law office. … (Penal Law, § 270; People v. Meola, 193 App. Div. 487 .)

In re the Accounting of National City Bank of Troy

203 Misc. 966 · New York Surrogate's Court · Mar 18, 1953

[Citing McLouth v. *971 Hunt, 154 N. … The only case in anywise similar to the one before this court is Kellogg v. Kellogg ( 166 Misc. 791 , affd. 254 App. Div. 812 ).

In re the Will of Buchan

1 Gibb. Surr. 578 · New York Surrogate's Court · Feb 15, 1896

In Jackson v. … In Gaze v.

In re the Estate of Doyle

155 Misc. 88 · New York Surrogate's Court · Apr 9, 1935

From the income it was agreed that John should supply Lawrence with a suitable room, board, clothes and medical attendance during the lifetime of Lawrence and upon his death to pay the funeral expenses. … Law, § 111; Forman v. Young, 166 App. Div. 815 .)

In re the Accounting of Bank of New York

194 Misc. 803 · New York Surrogate's Court · May 26, 1947

Deceased was a member of the board of managers of the Society which had its headquarters in Brooklyn. At its headquarters the Society cared for persons who came within the purview of its charter. … The supervisory welfare authorities of New York State objected to the nlacing of New York children in a New Jersey summer home v here the New York authorities had no power of inspection.

In re the Accounting by LeoGrande

13 Misc. 3d 1070 · New York Surrogate's Court · Sep 28, 2006

Stipulations of settlement which put an end to litigation promote efficient dispute resolution and are essential to the litigation process (Hallock v State of New York, 64 NY2d 224 [1984]; Gage v Jay Bee Photographers, 222 … At the time of transfer, Joseph, Sr. was president of Windsor, chairman of the board of directors and the majority stockholder.

In re the Estate of Warhol

165 Misc. 2d 726 · New York Surrogate's Court · Apr 20, 1995

(See, *730 e.g., Estate of Getty, 4 143 Cal App 3d 455, 191 Cal Rptr 897; Brown, Some Observations on Legal Fees, 24 SW LJ 565 [1970].) … (See, Matter of Tillman v Komar, 259 NY 133 ; Matter of Krooks, 257 NY 329 ; Matter of Goldstein, 134 Misc 2d 57 ; Matter of Scanlon, 2 Misc 2d 65 .)

In re the Estate of Florio

182 Misc. 2d 385 · New York Surrogate's Court · Oct 5, 1999

v Quintard, 177 NY 75 ; Matter of Luposello, 225 AD2d 551, 552 ; Matter of Knapp, 119 AD2d 676 , 677). … Moore, 52 NY 12, 20 ; see also, Van Vechten v Keator, 63 NY 52, 55 ; Noble v Thayer, 19 App Div 446, 447 ; 11 Warren’s Heaton, Surrogates’ Courts, § 187.02 [6] [d]; § 187.03 [3] [b] [6th ed rev]).

In re the Estate of Erlanger

145 Misc. 1 · New York Surrogate's Court · Aug 1, 1932

(Caujolle v. Ferrie, 23 N. Y. 90 ; O’Gara v. Eisenlohr , 38 id. 296; Badger v. Badger , 83 id. 546, 554; Hynes v. … I remember the fact because as her eyes are very brown I wondered where the blue came from.”

In re the Estate of Winburn

139 Misc. 5 · New York Surrogate's Court · Jan 19, 1931

(Sherman v. Richmond Hose Co., 230 N. Y. 462, 472 ; Matter of Mills, 121 Misc. 147 ; Graff v. Rayner, 136 id. 297 ; Graff v. Harrington, 137 id. 712; Graff v. … For definition of “ effects ” see Bouvier’s Law Dictionary (vol. 1, p. 975). “ Effects,” as used in an act providing that all boarding-house keepers shall have a. hen upon baggage and effects of guests, includes the horse

In re the Appointment of a Guardian for Zhuo

53 Misc. 3d 1121 · New York Surrogate's Court · Sep 30, 2016

Even in the area of employment law, a statutory right to counsel, paid by the State, exists for unemployment insurance claimants who are defending an appeal of a favorable decision from the Unemployment Insurance Appeal Board … (Rivers v Katz at 493 .)

In re the Estate of Campbell

171 Misc. 2d 892 · New York Surrogate's Court · Mar 3, 1997

Corp. v Acme Quilting Co., 46 NY2d 211 , 219 * * *), and a correspondingly high order of evidence is required to overcome that presumption” (Chimart Assocs. v Paul, supra, at 574). … Y. 283 ; Brown v. Quintard, 177 N. Y. 75 ).” The instant case involves none of the situations enumerated in Salterini (supra), which would support the admission of extrinsic evidence.

In re the Probate of a Paper Purporting To Be the Last Will & Testament of Sandberg

8 Mills Surr. 494 · New York Surrogate's Court · Dec 15, 1911

Evans v. Knight, 1 Add. 339 ; s. p., Dougherty v. Milliken, 163 N. Y. 537 , 533. … Y. 5, 6 ; *502 Brick v. Brick, 66 id. 149 .

In re Chardavoyne

5 Dem. Sur. 466 · New York Surrogate's Court · Jun 15, 1887

The cases relied upon by counsel are Wheeler v. Chubbuck ( 16 Ill., 361 ); Board of Supervisors v. Keady ( 34 Ill., 293 ); Rice v. Ruddiman ( 10 Mich., 125 ), and Charless v. Lamberson (1 Clarice, Iowa, 436). Wheeler v. … Board of Supervisors v. *477 Keady is a reiteration of the same doctrine upon an essentially similar state of facts. In Rice v.

In re Schmidt's Will

139 N.Y.S. 464 · New York Surrogate's Court · Sep 23, 1912

In 1907 testator as trustee attended a meeting of the board of trustees of the Orthopaedic Hospital, and his conduct was entirely rational. … Supp. 376 ; Swinb. pt. 2, § 3, pl. 1, 4; Beverley’s Case, 4 Rep. 123, 6; 1 Ph. 1184; Brogden v. Brown, 2 Add. 441 ; Kemble v. Church, 3 Hagg. 273.

In re the Estate of Huyot

169 Misc. 2d 805 · New York Surrogate's Court · May 2, 1996

Duncan Petroleum Trans., 51 NY2d 289 [1980] [Workers’ Compensation Board directed to apply Georgia law to determine whether claimant common-law spouse of decedent member]). … experts, it was the court’s function to determine the meaning and effect to be given to the statute and the court " 'must routinely construe foreign law in the resolution of controversies properly before [it]’ (Zschernig v