Case law

In re the Will of Hohn

180 Misc. 384 · New York Surrogate's Court · Jan 28, 1943

In Matter of Sizer, supra, the rule was clearly expressed by Mr. … If the corporation is qualified to take, the bequest may be required to be paid to the Alien Property Custodian.

In re the Estate of Atlas

86 Misc. 387 · New York Surrogate's Court · Mar 5, 1976

The decedent was tax conscious as is clearly indicated by his desire to obtain a maximum marital deduction as well as a charitable deduction. … The court wanted to establish whether the trustees could realistically anticipate a yield from the portfolio of a sufficient amount to pay the annuity without having to diminish corpus.

In re the Judicial Settlement of the Estate of Warner

3 Mills Surr. 349 · New York Surrogate's Court · Dec 15, 1902

Horace Bennett, a brother, and Susan Smith, a sister of deceased, qualified as executors, and on the 28th day of September, 1898, filed an inventory of the personal estate of deceased, which showed furniture, etc., of the … The evidence wholly fails to establish this claim and the same is therefore disallowed.

In re the Judicial Settlement of the Account of Randell

2 Connoly 29 · New York Surrogate's Court · Jul 15, 1889

And such statute should not be held abrogated except *37 by express repeal or clearly inconsistent subsequent enactment. … This far-reaching undesirable public policy is not to be imputed to the legislature without being clearly expressed.

In re Letters of Administration Upon the Goods

8 Mills Surr. 399 · New York Surrogate's Court · Oct 15, 1911

with established usage as modified by statutory enactment. … Y. 74 , where I think I find clearly expressed adumbrations of the doctrine which I believe to be the true one.

In re the Estate of Baker

146 Misc. 296 · New York Surrogate's Court · Jan 15, 1933

Certain rules have been established for guidance in the interpretation to be placed upon wills which are of doubtful meaning, or ambiguous or contain repugnant clauses. … In the first sentence of the paragraph testator gives, absolutely, all of his property to his wife and daughters, the gift to the wife being qualified by the provision “ as long as she remains my widow.”

In re the Estate of Mosley

138 Misc. 847 · New York Surrogate's Court · Jan 17, 1931

On this question the law is clearly set forth in Aalholm v. People ( 211 N. Y. 406 ). … Its purpose is, to my mind, clearly broader than this.

In re the Judicial Settlement of Account of Proceedings of VanDerzee

7 Mills Surr. 400 · New York Surrogate's Court · Feb 15, 1910

VanDerzee, duly qualified as executor. On 'October 19, 1908, the petitioner duly filed his account of proceedings as such executor, and petitioned for the final settlement of such account. … Domestic Missions of the Reformed Church. *402 It also appears clearly to me- that the testatrix in her will (which is in her own handwriting) first made this bequest' $100,. and then changed it to $200 by writing the word

In re the Estate of Gordon

166 Misc. 363 · New York Surrogate's Court · Feb 16, 1938

The husband was named as executor and duly qualified as such. … In that case William and Stephen Richardson were legatees and qualified as executors under their father’s will.

In re the Estate of Wagenheim

164 Misc. 823 · New York Surrogate's Court · Sep 27, 1937

Wagenheim was appointed trustee by the testator to serve without bond, and upon the discharge of the executors she qualified and has been acting as trustee since February, 1933. … The personal books, papers, documents and records of the trustee should not be examined unless or until it is clearly established upon the trial that the trustee has commingled the assets of the trust estate with her own

In re the Estate of Chapin

167 Misc. 388 · New York Surrogate's Court · Feb 28, 1938

Even if the respondent had attacked the will itself on the ground of incompetency, then the mere nomination therein of the executor would qualify him to attack the codicil, if he chose to do so (Matter of Greeley, 15 Abb. … No case clearly supporting such a motion has come to the attention of the court. My conclusion is that this motion should be denied, upon the merits. Enter an order in accord with this decision.

In re the Adoption of an Anonymous Child

195 Misc. 6 · New York Surrogate's Court · May 11, 1949

petitioners and respondent reveals, and without further investigation and without the aid and advice and counsel by either petitioners or respondent or an authorized agency or such person or persons commonly well known to be qualified … It must be clearly observed that the docment alleged to be a consent to adopt the child was not directed to an authorized agency as specified in section 384 of article 6 of the Social Welfare Law, but was addressed to the

In re the Estate of Nelson

125 Misc. 2d 451 · New York Surrogate's Court · Mar 13, 1984

These cases clearly establish that among the primary considerations for the exercise of discretion are the wishes of the testator if expressed and also the convenience of the fiduciaries and beneficiaries. … Greenspoon upon their duly qualifying according to law and filing a bond in an amount to be fixed in the decree.

In re the Estate of Gates

142 Misc. 83 · New York Surrogate's Court · Nov 30, 1931

It seems to me that such an intention on the part of the testator would be unnatural and should not be ascribed to him unless clearly expressed in his will. … with the will annexed on the estate of John Gates upon qualifying as prescribed by law. ■ A decree conforming with this decision may be entered upon notice.

In re the Estate of Jorden

8 Misc. 3d 789 · New York Surrogate's Court · May 25, 2005

The executrix’s defenses challenging jurisdiction and alleging the pendency of another action clearly warrant summary disposition. … Accordingly, De Kovessey is clearly not suited as authority for the ALJ’s ruling in Broadway Assoc., which resulted in a windfall rather than averting one.

In re the Estate of Walbridge

178 Misc. 32 · New York Surrogate's Court · Jan 26, 1942

The donee’s will clearly provides for a gift of the accumulations to the remaindermen of the secondary trust. … The trustee named in the donee’s will being a Florida corporation, cannot qualify as a fiduciary in this State. (Banking Law, § 131, subd. 3.)

Warner v. Knower

3 Dem. Sur. 208 · New York Surrogate's Court · Dec 15, 1884

Hull has never qualified. The questions now presented for my determination arise upon exceptions to the report of the referee, to whom Mr. … The two cases just cited clearly establish that the statute, to which the referee seems to attach so much significance, must not receive a strict and literal interpretation; else the lien would not have been sustained in

In re the Estate of Fuss

151 Misc. 2d 689 · New York Surrogate's Court · Jul 11, 1991

Clearly this account met the requirements of Banking Law *691 § 675 while it existed at the Buffalo Savings Bank. … Did the withdrawal of that true joint account by the decedent and the subsequent deposit of the proceeds in the account at the Goldome Bank without the qualifying language of Banking Law § 675 destroy the survivorship aspect

In re the Estate of Bobes

15 Misc. 2d 530 · New York Surrogate's Court · Dec 1, 1958

His will, which was duly established in Spain, gave the residue of his estate to his wife for life and upon her death, to his heirs. … The moving parties clearly have no present right to possession of the assets, their status being that of persons with a contingent interest.

In re Feil

27 Misc. 3d 274 · New York Surrogate's Court · Dec 23, 2009

Carole and Jeffrey are the coexecutors of Louis’s estate as well as the cotrustees of the trusts established by Louis’s will. … The intent of Louis Feil is established clearly and unambiguously in his will by the entirety of the circumstances — the use of a fixed sum in funding the continuing trusts, i.e., $20,000,000, and the repeated use of that