Case law

In re the Will of Hart

189 Misc. 171 · New York Surrogate's Court · Apr 3, 1947

The said income beneficiary is one of the two named and qualified trustees. … The phrase “ in such sum or amount as she may request ” was clearly intended to be qualified by the phrase immediately following, “ and which may be necessary for her care, health and suitable maintenance.”

In re the Estate of Caccamo

71 Misc. 2d 391 · New York Surrogate's Court · Oct 3, 1972

Both the decedent and his wife had recent roots here although at the time of his death both were clearly residents of Nevada. … The forum law of New York does govern and this court is required to apply our recently established choice of law principles to the particular issue before this court.

In re the Estate of Franco

108 Misc. 2d 1084 · New York Surrogate's Court · May 15, 1981

could reach so much of the recovery as was allocated to conscious pain and suffering, but from whose claims the wrongful death recovery is immune. … matters, summary proceedings, and countless other matters within the general jurisdiction of the Supreme Court and the specialized jurisdiction of courts with staffs specifically geared to handle such matters, it is well established

In re the Estate of Lewis

144 Misc. 2d 618 · New York Surrogate's Court · Jul 25, 1989

The trusts established by Mrs. … Thusly, although it appears the requested reformation alters the dispositive plan, as previously noted, the gift over language under the will is merely an emergency provision and the early age of vesting clearly establishes

In re the Estate of Garrasi

29 Misc. 3d 822 · New York Surrogate's Court · Sep 8, 2010

Clearly, the statute applies regardless of what stage or when the offending attorney’s presence evaporates from the jurisdiction. … District Court Judge Kahn’s decision in Schoenefeld v State of New York (09-CV-0504 [ND NY]) in support of its challenge, this decision merely found that the “plaintiff’s privileges and immunities claims can go forward,”

In re Bernstein

3 Redf. 20 · New York Surrogate's Court · Feb 15, 1877

Stat. 680, the court of chancery is invested with authority to accept the resignation of a trustee and discharge him *23 from his trust, under such regulations as are established by the court, upon. such terms as .the rights … Hunter, ( 25 Barb., 81 ) cited by the proctor for the devisees holds substantially that the surviving executors, or a trustee qualifying, the other failing to qualify, may make a conveyance, and in that case on appeal ( 19

In re the Estate Rodriguez

100 Misc. 2d 983 · New York Surrogate's Court · Sep 18, 1979

The evidence adduced established that petitioner and decedent met in May of 1973. … If a father is prepared to execute a formal acknowledgment of paternity (a prerequisite which appears clearly to be acceptable to the Supreme Court), obtaining an order of filiation will not be burdensome.

In re the Estate of Cantor

80 Misc. 2d 555 · New York Surrogate's Court · Jan 9, 1975

In most cases, as here, it is purposed to establish a fiduciary to care for the property of a person who by reason of advancing age cannot perform this function himself. George B. … Letters shall issue to petitioner upon qualifying according to law. Bond of $32,000 shall ¡be required.

In re the Judicial Settlement of the Account of Weekes

12 Mills Surr. 24 · New York Surrogate's Court · Apr 15, 1914

Two duly qualified experts, skilled in the law of Connecticut, were accordingly called as witnesses and duly sworn. … Both were qualified lawyers of the Connecticut bar, and one had been a probate judge in Connecticut; the other was the present attorney-general of the state.

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

122 Misc. 493 · New York Surrogate's Court · Feb 15, 1924

Section 353 of the Civil Practice Act, heretofore referred to is qualified by section 354 as follows: “ But nothing herein contained shall be construed to disqualify an attorney in the probate of a will heretofore executed … It is an act in which the State has the supreme interest, and the witnesses should not be immune from disclosing a non-compliance with a public statute of great significance. ‘ Testamenti factio, non privad, sed publici juris

In re the Estate of Kamp

7 Misc. 3d 615 · New York Surrogate's Court · Feb 22, 2005

Clearly, Henry N. Kamp knew his son Henry was retarded and intended to provide for him, even to the exclusion of his other children. … If able, Henry could renounce his right to income thereby qualifying the trust as a supplemental needs trust.

In re the Probate of the Will of Weinberger

206 Misc. 770 · New York Surrogate's Court · Oct 1, 1954

The court holds that such facts clearly establish decedent’s intention to revoke the earlier instrument and that it has been effectively revoked in conformity with the provisions of section 34 of the Decedent Estate Law ( … Letters of administration will issue to the petitioner upon qualifying according to law. Proceed accordingly.

In re the Estate of Christie

167 Misc. 484 · New York Surrogate's Court · Apr 29, 1938

The situation to which this portion of the section refers is clearly indicated in Ward v. New York Life Ins. Co. ( 225 N. … The record clearly demonstrates that she was guilty of gross overstatement, if not, indeed, of deliberate perjury.

In re the Estate of Singer

2 Misc. 3d 665 · New York Surrogate's Court · Dec 19, 2003

Indeed an American living abroad, let alone in a sister state, is qualified to act (SCPA 707). … Clearly none of the reasons advanced by the draftsman to disqualify decedent’s children from serving as fiduciaries has any merit whatsoever. *668 Based on the foregoing, and at least for purposes of a determination of the

In re the Estate of Romita

134 Misc. 2d 410 · New York Surrogate's Court · Dec 19, 1986

The trusts in this proceeding must be qualified subchapter S trusts as defined in section 1361 (d) of the Code (26 USC). … In this case, the agreements clearly enunciate an intent that the trust fund under each agreement be divided into and administered as separate trusts for each of the respective named beneficiaries, with each beneficiary being

In re the Probate of the Will of Yanover

16 Misc. 2d 128 · New York Surrogate's Court · Feb 24, 1959

Bakin’s testimony is sufficient to qualify him as one of the “ credible witnesses ” required by the statute, this still leaves a requirement for a second credible witness. Mr. … Cohn, does not qualify either of them as one of the two credible witnesses required.

In re the Estate of Pinney

156 Misc. 844 · New York Surrogate's Court · Aug 22, 1935

Passing for the moment the question whether any such fact has been established, it is clearly proved that in the spring of 1930 the executors communicated with the beneficiary and asked her opinion as to a sale at the then … It is established clearly that the attorneys did not purport to represent her or to act for her in respect of the disposal of the stock exchange membership.

In re the Estate of Graeber

53 Misc. 2d 640 · New York Surrogate's Court · Apr 27, 1967

This is a proceeding to establish and admit to probate an alleged will claimed to have been lost by the attorney-scrivener thereof and without the knowledge of the testatrix. The decedent died on June 12,1965. … Cox, Public Administrator, will be appointed administrator with the will annexed, upon his qualifying.

In re the Establishment of a Supplemental Needs Trust for Ullman

184 Misc. 2d 7 · New York Surrogate's Court · Mar 14, 2000

Moreover the court is troubled by the concept of funding a supplemental needs trust solely with SSI benefits which are paid to qualified individuals specifically to provide them with sufficient income to “maintain a standard … It is clearly not the function of a supplemental needs trust to isolate one’s SSI payments in order to enhance an individual’s eligibility for increased benefits.

In re the Accounting of Venino

10 Misc. 2d 209 · New York Surrogate's Court · Oct 23, 1957

It is a well-established rule of construction that words are never to be rejected as meaningless or repugnant if by any reasonable construction they may be made significant and meaningful. (Matter of Buechner, 226 N. … The testatrix by employing the phrase “ the original principal of such share ” clearly manifested an intention that the second fractional payment or distribution was not to be limited to one third of the balance of the principal