Case law

In re the Estate of de Brabant

197 Misc. 923 · New York Surrogate's Court · Dec 7, 1949

(Keuka College v. Ray, 167 N. Y. 96, 99-100 ; Barnes v. Perine, supra; Matter of Taylor, 236 App. Div. 571 ; Allegheny College v. National Chatauqua Co. Bank, 246 N. Y. 369 .) … Holding Corp. v. Gainsburg, 276 N. Y. 427, 433 .)

In re the Intermediate Accounting of Smythe

6 Misc. 2d 130 · New York Surrogate's Court · Jul 3, 1942

This corporation by its board of directors, other than Mrs. … (Squire v. Ordemann, 194 N. Y. 394 ; English v. McIntyre, 29 App. Div. 439 .)

In re Gedney's Wild

142 N.Y.S. 157 · New York Surrogate's Court · May 12, 1913

Brown v. Torrey, 24 Barb. 583, 586 ; Harper v. Harper, 1 Thomp. & C., 351, 355; Jackson v. King, 4 Cow. 207 , 15 Am. Dec. 354 ; Delafield v. Parish, 25 N. Y. 9, 23, 60 , citing Mountain v. Bennett, 1 Cox, 353; Panton v. … In Delafield v.

In re the Estate of Montgomery

156 Misc. 583 · New York Surrogate's Court · Sep 9, 1935

implying into such a retainer contract of this right to discharge at will seems to make the contract, analogous to a contract, e. g., between a lumber dealer and a builder whereby the builder agreeing to take 1,000,000 board … (Sargent v. McLeod, supra; Wolfe v. Howes, supra.)

In re the Estate of Watson

144 Misc. 213 · New York Surrogate's Court · Jun 28, 1932

In Teed v. … (Brown v. Richter, 25 App. Div. 239 .) The question was squarely presented in Doane v. Mercantile Trust Co. ( 160 N.

In re the Estate of Welton

141 Misc. 674 · New York Surrogate's Court · Oct 29, 1931

In Clarke v. … Div. 942 ), the theory of the exception, as stated in the former case at page 374, being as follows: “ The statute forbade the payment from the funds of the water board, and action forbidden by statute is void.

In re the Adoption of a Child Whose First Name is G.

42 Misc. 3d 812 · New York Surrogate's Court · Dec 27, 2013

(Id.; Rosner v Metropolitan Prop. & Liab. Ins. Co., 96 NY2d 475 [2001].) … (People v Glubo, 5 NY2d 461, 474 [1959]; 97 NY Jur 2d, Statutes § 171.)

In re the Probate of the Last Will & Testament of Lampson

2 Gibb. Surr. 324 · New York Surrogate's Court · Dec 15, 1897

In Bank for Savings v. Collector, 3 Wall. (U. … The cases of Kerr v. Dougherty, 79 N. Y. 327 ; Stephenson v. Short, 92 id. 433 , and the later cases of Fairchild v. Edson, 154 N. Y. 199 , and People’s Trust Co. v.

In re the Probate of the Last Will & Testament of Turk

128 Misc. 803 · New York Surrogate's Court · Feb 18, 1927

In Bates v. … See Tilden v. Green ( 130 N. Y. 29 ); Allen v. Stevens (161 id. 122 ); Trustees of Sailors’ Snug Harbor v. Carmody (211 id. 286); Decker v. Vreeland (220 id. 326, 334).— [Rep.

In re Sebastian

25 Misc. 3d 567 · New York Surrogate's Court · Apr 9, 2009

Mississippi Univ. for Women v Hogan, 458 US 718, 725-726 [1982] ; Craig v Boren, 429 US 190, 197 [1976]). … The State Equal Protection Clause affords protection “as broad as” that afforded by the Fourteenth Amendment (Brown v State of New York, 89 NY2d 172, 190 [1996]). .

In re the Accounting of Title Guarantee & Trust Co.

181 Misc. 566 · New York Surrogate's Court · Aug 24, 1940

The general rule respecting the allowance of commissions is stated in Beard v. Beard ( 140 N. Y. 260 ). … The rule for the interest penalty payable by a trustee is stated in King v. Talbot ( 40 N.

In re the Estate of Higgins

10 Mills Surr. 467 · New York Surrogate's Court · Jul 15, 1913

V. V. Franchot and Frank L. … V. V. Franchot and Allen B. Williams, who also constituted the first board of directors.

In re the Estate of Snow

136 Misc. 771 · New York Surrogate's Court · Apr 21, 1930

The wages of the servants regularly employed by *775 us at this apartment were approximately $8,100 per annum, in addition to their board and maintenance and there were also other occasional employees such as laundress, seamstress … In support of this contention petitioner relies upon the authority of Rezzemini v. Brooks ( 236 N. Y. 184 ) and other cases.

In re the Probate of the Last Will & Testament of Burtis

4 Mills Surr. 239 · New York Surrogate's Court · Apr 15, 1904

Brown was called to attend him. … Thus, in Tarrant v.

In re the Estate of Nickelsburg

34 Misc. 2d 82 · New York Surrogate's Court · Dec 7, 1961

The corporate fiduciary is represented on the board of directors by one of its officers. One of the executor directors died on May 3, 1958. The widow is now the president and treasurer of the corporation. … The- sixth objection is, therefore, overruled, insofar as it has not been withdrawn. . > v, ■ -r ■ The seventh- objection, directed to a different schedule, of the account, presents the same question of valuation and-distribution

In re the Estate of McCarthy

75 Misc. 2d 193 · New York Surrogate's Court · Jun 29, 1973

(Nicoll v. New York & Erie R. R. Co., 12 N. Y. 121 ; Upington v. Corrigan, 151 N. Y. 143 ; Fowler v. Coates, 201 N. Y. 257 .) … The court thus recognized the right of reverter as a property right (Board of Educ. of Cent. School Dist. No. 1 v. Miles, 15 N Y 2d 364; see, also, Practice Commentary of Professor I. Leo Grlasser, McKinney’s Cons.

In re Crumb's Estate

127 N.Y.S. 269 · New York Surrogate's Court · Jan 15, 1911

Horn v. Pullman, 72 N. Y. 269 . … In Chambers v.

Ferrie v. Public Administrator

4 Bradf. 28 · New York Surrogate's Court · Jul 15, 1856

V. … V., § 501.)

Delafield v. Parish

1 Redf. 1 · New York Surrogate's Court · Dec 15, 1857

(Croswell v. Crane, 7 Barb., 195 ; Gaffney v. Colvill, 6 Hill, 574 ; Theriat v. Hart, 2 Id., 280; In re Brown, 21 Wend., 316, 319 .) c. The section of the Revised Statutes (2 Rev. … It was covered over with boards, and I was standing upon two of them at the time. I got Mr. Parish turned back to the front door, and rung the bell, and got Mr. Parish into the library. I then told Mrs.

Cornwell v. Riker

2 Dem. Sur. 354 · New York Surrogate's Court · Feb 15, 1884

King, 8 Mass., 371 ; Kinne v. Kinne, 9 Conn., 102 ; Harwood v. Baker, 3 Moore P. C., 282; Blanchard v. Nestle, 3 Den., 37 ; Horne v. Horne, 9 Ired. Law, 99 ; Stevens v. Van Cleve, 4 Wash., 267 ; Lowder v. … Lowder, 58 Ind., 538 ; Converse v. Converse, 21 Vt., 168 ; Bleecker v. Lynch, 1 Bradf., 458 ; Maverick v. Reynolds, supra; Crolius v. Stark, supra; Higgins v.