Case law

In re the Accounting of Gould

13 Misc. 2d 694 · New York Surrogate's Court · Aug 22, 1958

Although both were also named as trustees, only the executor-attorney qualified as a trustee. Prior to his death the decedent had operated a drugstore business in Manhattan. … then informed by the executor-attorney that the store had been sold or that a contract was already in existence. *697 Letters written by the executor-attorney to counsel for the widow dated July 31, 1953 and August 4, 1953 clearly

McLoskey v. Reid

4 Bradf. 334 · New York Surrogate's Court · Aug 15, 1857

This, however, would clearly be a matter of discretion, and not of strict right. … On looking into the accounts, it appears 'that the executors, at the time of qualifying, were debtors to the estate in an amount sufficient to pay these legacies.

In re the Accounting of Marine Midland Trust Co.

4 Misc. 2d 430 · New York Surrogate's Court · Feb 8, 1956

In addition, all the other judicially established criteria for resolving such ambiguities as abound in the above-quoted paragraph, caused by inexpert draftsmanship, support the same conclusion. … But, since no clarification of the court’s view on this particular question is apparent, the best conjecture would be that, if any consideration at all was given to the presence of this qualifying term, it was regarded as

In re the Judicial Settlement of the Account of Proceedings of Ziegler

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

the accumulated income should become part of the corpus of the estate, to be paid in the manner provided for the disposition of the corpus; but -by adding “ until my said son comes twenty-one years of age ” the testator clearly … The only question that could be raised at this time as to the decrees heretofore entered by this court is the question of jurisdiction, and as the jurisdiction of the court is established by the allegation of the necessary

In re the Estate of Bubelier

138 Misc. 2d 180 · New York Surrogate's Court · Dec 31, 1987

The two issues raised by proponents’ motion to strike the appearance of the objectant are whether the joint will qualifies as "another” will of the decedent and, if so, whether it is on file in this court. … Despite some of the factual similarities, comparison of the language used in the two joint wills clearly establishes that the intent of their respective makers was quite different.

In re the Estate of Chambers

167 Misc. 843 · New York Surrogate's Court · May 26, 1938

For purposes of present decision this issue will be resolved in favor of the petitioner and it will be assumed that he is the duly appointed, qualified and acting receiver in supplementary proceedings of the respondent, Charles … The provisions of the will are somewhat confused, but on diagramatic analysis the devolutionary wishes of the testator in respect of all portions of his property are clearly discernible.

In re the Estate of Van Bokkelen

155 Misc. 289 · New York Surrogate's Court · Mar 19, 1935

The total of the established debts wherever located is next to be found. Distribution is then to be made in the ratio of assets wherever situated, to debts wherever existent. … Section 165 of the Surrogate’s Court Act clearly provides that a creditor’s share of the distributable assets is based upon the amount of debts “ here and elsewhere.”

In re Van Derzee

121 N.Y.S. 662 · New York Surrogate's Court · Jan 24, 1910

Van Derzee, 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. … It also appears clearly to me that the testatrix in her will (which is in her own hand *664 writing) first made this bequest $100, and then changed it to $200 by writing the word “two” over the “one,” and the evidence is

In re the Construction of the Will of Eibl

206 Misc. 54 · New York Surrogate's Court · May 6, 1954

Strickland, attorney at law, Albion, New York, has been duly appointed and qualified as special guardian for Fred Babcock, an infant under the age of fourteen years who is the devisee and legatee named in said paragraph. … As Surrogate Wingate holds in Matter of Rubinstein ( 169 Misc. 273, 275-276 ): “ The principles respecting the ademption of specific testamentary gifts are clearly and firmly established in law. ' Ademption * * * is only

In re the Estate of Jackson

138 Misc. 167 · New York Surrogate's Court · Oct 15, 1930

Unquestionably, a number of the positions which the court deemed established by the decisions reviewed were obiter, so far as that case was concerned. … The result, however, demonstrates the absurdity and unfairness to the intended beneficiary more clearly than mere words could do, showing the possibility, in certain cases, of a deduction of ten per cent from the income provided

In re the Estate of Barc

177 Misc. 578 · New York Surrogate's Court · Nov 17, 1941

The result of this pronouncement by the ultimate appellate authority of the State clearly establishes the rule that in order to attain a determination that a surviving spouse has forfeited the right to elect against the will … Obviously, unless this testimony was pure hearsay, it could only be so far as their personal knowledge was extended, and the husband so qualified it.

In re the Estate of Dettmer

177 Misc. 349 · New York Surrogate's Court · Oct 20, 1941

Subject to various specified express conditions, the balance of the principal was directed to “be paid over to the County of Miami, State of Ohio, or to such governmental authorities thereof as may be qualified to receive … His viewpoint is clearly mirrored in the language inserted in the will.

In re the Contested Will of Hamilton

1 Mills Surr. 366 · New York Surrogate's Court · Dec 15, 1899

A person wbo could not be interfered with by anyone in his lifetime as to the disposition of his property can, if mentally competent and free from undue influence, insure by his will virtually the same absolute immunity of … Gibson retired from her position as saleswoman in a mercantile establishment and came to live in Mr. Hamilton’s flat, there being no' other occupants.

In re Estate of Thorpe

15 N.Y. St. Rep. 704 · New York Surrogate's Court · Mar 30, 1888

Houghton his executor, who duly qualified; his widow, Eliza Thorpe, died July 4, 1887, and his said brother, William Thorpe, died October 16, 1887, of the age of nearly seventy-nine years, and had been a member of the testator … ” In determining this question the whole context of the will is to be considered, under the well established legal rule in construing wills, in order to arrive at the true intention of the testator.

In re McConnon

6 Mills Surr. 468 · New York Surrogate's Court · Jun 15, 1908

Hutchinson should be appointed such general guardian, and he was so appointed on February 18, 1908, and as far as it appears from the evidence before me he duly qualified as such guardian, collected the infants’ money and … Hutchinson as to his character and conduct, I am not satisfied from the preponderance of the evidence that the same have been established or proven.

In re the Estate of Skidmore

148 Misc. 569 · New York Surrogate's Court · Jul 13, 1933

Nothing could demonstrate more clearly that testator considered *581 as at least a possible contingency the death of his daughter before that of her paternal aunts and uncle. … This rule' is clearly stated in Dwight v. Fancher ( 245 N.

In re the Judicial Settlement of the Accounts of McCormick

4 Mills Surr. 507 · New York Surrogate's Court · Feb 15, 1905

This principle was established at a very early day. St. Matthew, xx, 9. … This might be clearly so -if the legacy was of a specified amount of money or of specific securities.

In re the Estate of Andrus

156 Misc. 268 · New York Surrogate's Court · Jul 2, 1935

In my judgment, we are clearly dealing with a condition subsequent. Gifts that are given on condition subsequent, gifts that tend to inspire fear or dread, have been termed by courts as in terrorem gifts. … That is as far as the settlor could go because of the limitations placed by law in the enforcement of immunity provisions.

In re the Estate of Wendel

159 Misc. 443 · New York Surrogate's Court · Apr 23, 1936

The alteration clearly was made to support the claim of the relationship between the two families. … The first formal step to qualify Meta Strauch, the petitioner, as the illegitimate child of Georgiana Wendel was an application to correct her birth certificate.

In re the Estate of Bailey

141 Misc. 748 · New York Surrogate's Court · Nov 8, 1931

Y., and said trust company duly qualified on that date, both as executor of and trustee under said last will and testament. … In doing tMs he was clearly within Ms rights even though the penalty imposed by Mm for failure to comply with his wishes was capricious, arbitrary and severe.