Case law

In re the Estate of Weiden

144 Misc. 854 · New York Surrogate's Court · Oct 10, 1932

They then acquired contractual rights which were immune from subsequent legislative attack.” … TMs clearly appears from the following extract from the opinion of the court written by Mr. Justice Stone (at p. 166): “ Group 2.

In re the Estate of Work

9 Mills Surr. 258 · New York Surrogate's Court · Apr 15, 1912

Where a matter is clearly within the general probate jurisdiction, conferred in general terms on the surrogates, and the petition. *262 on its face shows such jurisdiction, and the surrogate has granted citation, it is very … The qualified executors may at any time be held up at any stage of a most important negotiation, transfer or sale, by one invoking this section, although he has no sensible knowledge or any information other than a bare suspicion

In re the Estate of Sage

97 Misc. 2d 790 · New York Surrogate's Court · Jan 15, 1979

Sage qualified as trustees. Thereafter, pursuant to the power *792 contained in the trust agreement, Mr. Sage appointed Richard M. Goldwater as the second individual cotrustee. Mr. … It would be clearly against New York State public policy to authorize such expenditures of trust funds.

In re the Estate of Baker

174 Misc. 93 · New York Surrogate's Court · Apr 30, 1940

They argue that his intent is clearly revealed in his three testamentary instruments. … Baker’s purpose to immunize the additional shares specifically bequeathed to charity from liability for the loan.

In re the Estate of Watts

71 Misc. 2d 621 · New York Surrogate's Court · Sep 15, 1972

Although no clear cut definition has been given by the courts of this State as to what “ such other facts ” would consist of, it is clear to this court that almost any facts establishing regularity as opposed to mere conjecture … The plain intent was that the will of Amandus Watts terminated on the death of Selma as clearly as if it had been revoked.

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

4 Mills Surr. 230 · New York Surrogate's Court · Mar 15, 1904

The rule to be applied to the distribution of these proceeds I think is clearly and unequivocally laid down in the case of Meldon v. Devlin, 31 App. … Div. 146 , and the rule so established, together with other questions, was certified to the Court of Appeals and was there affirmed, 167 N. Y. 573 .

In re Goodchild

160 Misc. 738 · New York Surrogate's Court · Oct 9, 1936

if the right created is in personam only and the Negotiable Instruments Law regulates instruments creating such rights, a transfer of the present documents to a purchaser for value and without notice would not give the immunity … Each variety of security contemplated by the *748 enactment is clearly and specifically defined (Pers. Prop.

In re the Estate of Watkins

31 Misc. 2d 1016 · New York Surrogate's Court · Dec 14, 1961

Thereupon, the said First National Bank of Clean, New York, duly qualified as trustee and under letters of testamentary trusteeship has been managing the trust since that time. … The rule is well established in this State by many cases that where there is no direct expression of intention on the part of a testator in his will that the testamentary provisions for the benefit of the surviving widow

In re the Estate of Lathers

137 Misc. 226 · New York Surrogate's Court · Jun 12, 1930

They are immune if they act in good faith and exercise that degree of care and prudence which the law requires of them. … The reason advanced for this is not clearly understandable. It may be argued that Richard Lathers, Jr., had control of the real estate as conferred by the terms of the will.

In re the Estate of Baldwin

157 Misc. 538 · New York Surrogate's Court · Dec 10, 1935

Executors, from the time they qualify as such, become trustees of two classes of people — creditors and beneficiaries. At that time, January, 1932, there were no creditors. … The will clearly contemplated a period of time when the duties of the executors as such should end.

In re the Estate of Strebeigh

176 Misc. 381 · New York Surrogate's Court · Mar 20, 1941

It appears clearly that between 1928 (when concededly he was domiciled in New York) and 1935 (when he died) he never squarely confronted the question of a change of domicile. … She qualified as executrix on February 26, 1936, but died on April 12, 1937, without completing the estate administration.

In re the Estate of Mantzouras

155 Misc. 2d 628 · New York Surrogate's Court · Jul 31, 1992

(EPTL 11-1.1 [b] [19]); similarly, the public administrator is allowed to distribute only $1,000 to a minor’s parent or custodian (SCPA 1123 [2] [g]; 1213 [2] [a], [e]); distribution may be made to a nondomiciliary who qualifies … But if the court had to select a successor, it clearly would respect the guidelines established in SCPA 707.

Danser v. Jeremiah

3 Redf. 130 · New York Surrogate's Court · Jul 15, 1877

By section nineteen, of article six, it is provided that “ inferior local courts of civil and criminal jurisdiction may be established by the legislature.” … Its jurisdiction, as conferred by statute, was qualified in respect to the subjects of which it had cognizance, the persons upon, and over whom, it had, or could acquire jurisdiction, and the territory within which it was

In re Stewart's Will

5 N.Y.S. 32 · New York Surrogate's Court · Feb 27, 1889

Wetherell shall be held qualified or not as a mere matter of evidence. It not only has been said by her distinguished counsel, but it is obvious to me, that it may be quite immaterial to her. … mind whether, under this clause, such benefaction under this will as a legatee, or a person receiving something under it, shall go in case of a violation of this condition to the residuary estate; and is not that what is clearly

In re the Will of Powers

27 Misc. 2d 179 · New York Surrogate's Court · Nov 14, 1960

Precedents are, however, helpful as examples of the application by the courts of the established indicia of intent. … The testamentary scheme clearly shows an intent to have his lineal descendants as the remaindermen whenever possible.

In re Fernbacher

17 Abb. N. Cas. 339 · New York Surrogate's Court · Jan 15, 1886

From the cases above cited the case at bar can be clearly distinguished. … must be accorded such enlarging, restricting or qualifying effect, as seems most consistent with the purposes of its maker.

In re the Accounting of Young

204 Misc. 92 · New York Surrogate's Court · Jan 15, 1953

It is well established that a vesting order confers upon the custodian a title identical in quality and quantity with that of the person whose interest is seized (Chase Nat. Bank v. McGrath, 76 N. Y. … rights in these trusts of those persons, perhaps as yet unborn, who will presumably qualify for membership in the class named to take the remainder.

In re the Judicial Settlement of the Accounts of Arkenburgh

1 Gibb. Surr. 380 · New York Surrogate's Court · Aug 15, 1895

Action in reference to this matter was not essential to the probate of the will, or to entitle the executors to qualify. They were under no obligations to the legatees in respect to the commissions. … This clearly indicates, the desire and intention of the testator to allow the executor for his services the amount which the books at that time showed him to have received, which was largely in excess of $1,800. a year.

In re the Estate of Welton

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

Letters of administration upon the estate were issued to the petitioners on December 29,1925, and they duly qualified by filing a bond in the sum of $25,000 with National Surety Company as surety. … Under such circumstances it becomes the duty of the court to determine whether the facts set forth in the petition and account establish a prima facie obligation for repayment.

In re the Accounting of Union Trust Co.

18 Mills Surr. 213 · New York Surrogate's Court · Dec 28, 1916

Such rule of law should not be abandoned, qualified or in any way impaired. … The plaintiff was compelled to maintain the action to identify and establish her interest in the mortgage.