Case law

In re the Estate of Hoffman

4 Mills Surr. 111 · New York Surrogate's Court · Dec 15, 1903

of taxes and assessments to the board of aldermen, and prior to the extension thereon of the amount of the tax. §§ 889, 892, 895, 898, 907, 909. … Bronx Gas Co. v. Barker, 22 App. Div. 161 ; People ex rel. Brewing Co. v. Feitner, 41 id. 496; Sisters of St. Francis v. Mayor, 51 Hun, 355 ; Assn. for Colored Orphans v. Mayor, 104 N. Y. 581 ).

In re the Estate of Browning

165 Misc. 675 · New York Surrogate's Court · Dec 5, 1937

Each and every of the claims of Marjorie Browning is dismissed on the merits. … On the trial the court held that it was bound by the ruling in Rosseau v. Rouss and excluded the tendered testimony. The court adheres to that ruling. Rosseau v. Rouss was criticised in Ward v.

In re the Accounting of Smith

7 Misc. 2d 770 · New York Surrogate's Court · Sep 20, 1957

(Lockwood v. Mildeberger, 159 N. Y. 181 ; Low v. Bankers Trust Co., 270 N. Y. 143 ; Chase Nat. Bank v. Chicago Title & Trust Co., 246 App. Div. 201 , affd. 271 N. Y. 602 , *774 motion for reargument denied 271 N. … In Lockwood v.

In re the Judicial Settlement of the Estate of Gray

10 Mills Surr. 398 · New York Surrogate's Court · May 15, 1913

Mount v. Tuttle, 183 N. Y. 358 . … Murray v. Miller, 178 N. Y. 316 ; Matter of Durand, 194 N. Y. 477 .

In re the Estate of Fowlston

150 Misc. 387 · New York Surrogate's Court · Jan 30, 1934

Brown, S. This is a proceeding for the judicial settlement of the account of the representatives of the estate of Belle Fowlston, deceased. … This rule was announced in the case of Cooke v. Meeker ( 36 N.

Murray v. Vanderpoel

2 Dem. Sur. 311 · New York Surrogate's Court · Dec 15, 1883

Pro., § 8606; LeCount v. LeCount, 1 Demarest, 89), or an accounting maybe enforced in the estate of Jane M. … Charlick, against her executrices, for establishing any liability of her estate to the estate of Oliver Charlick by reason of her administration of her trust as his executrix (Maze v. Brown, ante, 817).

In re the Estate of Ross

115 Misc. 41 · New York Surrogate's Court · Mar 15, 1921

This is not compelling the contestants to furnish their evidence as in the case of Smidt v. Bailey, 132 App. … J., April 29, 1916; Matter of Cramer, Id., Nov. 14, 1916; Matter of Brown, Id., Dec. 20, 1919; Matter of Emmons, Id., Jan. 8, 1920.

In re the Estate of Levine

157 Misc. 437 · New York Surrogate's Court · Oct 20, 1934

The executors of deceased move for the examination before trial of one Belle Gilbert Browning who makes various claims against the estate of deceased on promissory notes alleged to have been signed by deceased Some fourteen … Many cases to this effect are cited; all prior in date of decision to Public National Bank v. *438 National City Bank ( 261 N. Y. 316 ).

In re the Judicial Settlement of the Account of Davenport

2 Mills Surr. 534 · New York Surrogate's Court · Mar 15, 1902

Where vessel sailed about time of a violent storm, in the track of which she was travelling, and no tidings were heard of her for three years, the death of those on board might properly be presumed. Gibbes v. … Brown v. Jewett, 18 N. H. 230.

In re the Accounting of Guaranty Trust Co.

201 Misc. 539 · New York Surrogate's Court · Aug 7, 1951

Hine, 39 Barb. 507 , supra) nor one where the legatee receipted for the gift as an advancement (Matter of Turfler, 1 Misc. 58 ; see Brown v. Blackman, 71 Hun 356, 359-360 , affd. 151 N. … Y. 612 , intestacy; Watson v. Watson, 33 Beav. 574, 575, 55 Eng. Rep. 491, 492, supra; State ex rel. Brown v. Crossley, 69 Ind. 203 [1879], and 4 Page on Wills, § 1547. But cf. Paine v.

In re the Estate of Simpson

155 Misc. 866 · New York Surrogate's Court · Jun 12, 1935

In Titus v. Bassi ( 182 App. … (Card v. Alexander, 48 Conn. 492 ; Estate of Brown, 139 Iowa, 219 ; 117 N. W. 260 ; Lansing v. Haynes, 95 Mich. 16 ; 54 N. W. 699 ; Wirth v. Wirth, 149 Mich. 687 ; 113 N. W. 306 ; Matter of McGraw, 228 Mich. 1 ; 199 N.

In re the Estate of Elliott

1 Mills Surr. 65 · New York Surrogate's Court · Apr 15, 1899

Y. 535 ; Matter of Brown, 154 id. 313; Goebel v. Wolf, 113 id. 405; Matter of Tienken, 131 id. 391; Miller v. Gilbert, 144 id. 68; Hillyer v. Vandewater, 31 N. Y. St. Repr. 671. … Y. 522 ; Matter of Brown, 154 id. 313; Miller v. Gilbert, 144 id. 68.

In re the Estate of Delaney

1 Mills Surr. 101 · New York Surrogate's Court · May 15, 1899

During the entire period covered by his account he was a member of decedent’s family, provided with board, lodging and the advantages of a home with her. … Bogert v. *104 Morse, 1 N. Y. 377 ; Manchester v. Braedner, 107 N. Y. 346 ; Welch v. Seaborn, 1 Stark. 385.

In re the Judicial Settlement of the Estate of Montgomery

129 Misc. 14 · New York Surrogate's Court · Mar 4, 1927

(Brown v. Castle, 118 Ill. App. 346 ; Cruse v. Cruse, 147 Ky. 313 .), In the former case the court notes that there the life tenant, a daughter, had no rights in the corpus.

Wood v. Rusco

4 Redf. 380 · New York Surrogate's Court · Sep 15, 1880

The leading case of McCartee v. Cornel ( 1 Barb. … (Treat v. Fortune, 2 Bradf., 116 , approved by the Supreme Court in Willcox v. Smith 26 Barb., 316, 335, 355 .)

In re the Estate of Cassola

183 Misc. 66 · New York Surrogate's Court · Jan 27, 1944

That exclusion was based upon the rule in Rosseau v. Rouss ( 180 N. Y. 116 ), which *72 appears to have been approved in Croker v. New York Trust Co. ( 245 N. Y. 17 ) and Matter of Browning ( 280 N. … The Court of Appeals appears to have definitely enforced that rule in Matter of Browning (supra).

In re the Accounting of Addison

21 Misc. 2d 29 · New York Surrogate's Court · Jan 13, 1960

Y. 516 ; Matter of Browning, 165 Misc. 819 , affd. 254 App. Div. 843 , affd. 281 N. Y. 577 ; Matter of Harmon, 80 N. Y. S. 2d 903.) … The court agrees with the conclusion of the petitioner that any construction of other matters arising under paragraph Twentieth should be postponed at this time (Schettler v. Smith, 41 N.

In re the Judicial Settlement of the Account of Proceedings of Farmers' Loan & Trust Co.

129 Misc. 875 · New York Surrogate's Court · Apr 19, 1927

(Hartley v. Pioneer Iron Works, 181 N. Y. 73 ; Rorke v. Thomas, 56 id. 559.) … Society v. Oussani, 215 N. Y. 1 .)

In re the Accounting of Lincoln Rochester Trust Co.

201 Misc. 1008 · New York Surrogate's Court · Feb 27, 1952

(Denver v. New York Trust Co., 229 U. S. 123, 142 ; Patsone v. Pennsylvania, 232 U. S. 138, 144 ; Miller v. Wilson, 236 U. S. 373 ; Silver v. Silver, 280 U. S. 117 ; Metropolitan Co. v. Brownell, 294 U. … Objection 18, that the permission of the banking board to the trustee to establish the fund, and the authorization of the Board of Governors of the Federal Reserve System and of the banking board authorizing investments in

In re the Estate of Bashford

178 Misc. 951 · New York Surrogate's Court · Jun 30, 1942

(Hopper v. Sage, supra 534; Ford v. Snook, supra.) … (People v.