Case law

In re the Estate of Narwood

141 Misc. 199 · New York Surrogate's Court · Aug 21, 1931

(Wood v. Brown, 34 N. Y. 337, 340 .) … Careful reading of the opinion in Robert v. Corning ( 89 N. Y. 225 ) demonstrates that the provisions of the present will are in all material aspects identical with those of the instrument therein upheld.

In re the Estate of Duskis

76 Misc. 2d 411 · New York Surrogate's Court · Dec 21, 1973

The New York rule, restated and applied in Matter of Reed v. Browne ( 295 N. … The court said that the surviving beneficiary ‘ did turn that interest over to her nephew ” (Matter of Reed v.

In re the Estate of Ebbets

149 Misc. 260 · New York Surrogate's Court · Oct 23, 1933

In Opdyke v. … Manice v. Powell, 201 N. Y. 194, 201 ; Continental Securities Co. v. Belmont, 206 id. 7, 16; Kreitner v. Burgweger, 174 App.

Green v. Green

2 Redf. 408 · New York Surrogate's Court · Jan 15, 1877

. *411 In Mahns v. Brown ( 4 N. … (Brown v. Jones, 46 Barb., 400 ; 1 Story Equity Jur., § 763.)

In re the Estate of Mackintosh

140 Misc. 12 · New York Surrogate's Court · Apr 17, 1931

(Miller v. Silverman, 247 N. Y. 447 .) Delivery may be proved by admissions that the property belongs to another. In the instant case we have the admissions. (Govin v. de Miranda, 140 N. Y. 474 .) … (Matter of Brown, 252 N. Y. 366, 375 ; Matter of Brady, 228 App. Div. 56 .) The .proceeds of the two policies belong to the petitioner, the widow. Submit order.

In re McClelland

134 Misc. 166 · New York Surrogate's Court · Mar 28, 1929

less clear on the facts of the instant case, since she receives no interest in decedent’s real estate aside from her dower rights, thus avoiding the exceptions to her right of quarantine noted in such decisions as Peck v. … Supp. 173 ; Matter of Brown, 77 Misc. 507 .)

In re the Estate of Shea

140 Misc. 710 · New York Surrogate's Court · May 13, 1931

He boards with his sister Catherine I. … Y., but, on the contrary, roomed and boarded with said Joseph V.

In re the Estate of Gallagher

137 Misc. 564 · New York Surrogate's Court · May 15, 1930

(Cowee v. Cornell, 75 N. Y. 91, 99 ; Matter of Smith, 95 id. 516, 522; Barnard v. Gantz, 140 id. 249, 256; Allen v. La Vaud, 213 id. 322; Matter of Booth, 215 App. Div. 516, 521 ; Adams v. … Luce, 181 id. 232; First National Bank v. Wright, 207 id. 521; affd., 240 N. Y. 559 ; Kelly v. Kelly, 116 Misc. 195 ; Collins v.

In re the Accounting of Nochomov

206 Misc. 290 · New York Surrogate's Court · Jun 14, 1954

Y. 194 ; see, also, the following cases; Wilkinson v. Medbury, 132 Misc. 58 ; Clark v. Rowell, 163 Misc. 777 ; Clift v. White, 12 N. Y. 519, 536 ; Weis v. Levy, 106 App. Div. 496 ; Townsend v. Provident Realty Co. of N. … L., Parties, § 2, p. 662 and cases cited; Jensen v. Metropolitan Life Ins. Co., 251 N. Y. 336, 339 , supra; Brown v. Brown, 93 N. Y. S. 2d 63, 75, affd. 275 App. Div. 1068 , affd. 302 N. Y. 556 ).

Whitney v. Phoenix

4 Redf. 180 · New York Surrogate's Court · Jan 15, 1880

(Sutherland v. Brush, 7 Johns. Ch., 17 ; Manahan v. Gibbons, 1 9 Johns., 427 ; Mesick v. Mesick, 7 Barb., 120 ; Wood v. Brown, 34 N. Y., 837 , 343; 2 Williams on Ex., 1548.) In Johnson v. … (Brown’s Acc’ng, 16 Abb. Pr. N. S., 457.) In Adair v. Brimmer, 74 N. Y., 539, at p. 566 , Judge Rapallo cites Clark v.

In re the Estate of Hall

1 Gibb. Surr. 563 · New York Surrogate's Court · Feb 15, 1896

Hall and I were married there was the same understanding between us, that the money should go to the boards;’ I asked her what boards, and she said the Home Mission Board, *569 the Foreign Mission Board and the Bible Society … Drury v. Smith, 1 P. Wms. 404; Michener v. Dale, 23 Pa. St. 59; Dresser v. Dresser, 46 Mo. 422 ; Jones v. Deyer, 16 Ala. 221 . In Grymes v.

In re Dolan

4 Redf. 511 · New York Surrogate's Court · Dec 15, 1880

(See Williamson v. Williamson, 6 Paige, 305 ; Isenhart v. Brown, 1 Edw. Ch., 411 ; Tift v. Porter, 8 N. Y., 516 .)

In re the Estate of Winburn

14 Misc. 2d 950 · New York Surrogate's Court · Sep 5, 1958

The testatrix had another sister Bertha Brown who was not named in the residuary clause and who also predeceased her, leaving two children who have filed objections to the account on the ground that there has been an intestacy … Under these circumstances, the legacies clearly lapsed and pass as in intestacy because of the rule prohibiting the establishment of a residue upon a residue (Wright v. Wright, 225 N. Y. 329 ). The will is so construed.

In re the Construction of the Wil of Oothouse

13 Misc. 2d 382 · New York Surrogate's Court · Jun 2, 1958

(Beal Property Law, § 92; Matter of Reed v. Browne, 295 N. Y. 184 ; Matter of Wind, 1 Misc 2d 260 .) … In Connelly v. O’Brien ( 166 N.

In re Wisner

3 Dem. Sur. 11 · New York Surrogate's Court · Jan 15, 1885

The petition as presented to this court is the same as if unverified (Harris v. Derkeu, 5 Browne, 376). The petitioner will have to procure a proper certificate, before this court can act upon the petition.

In re the Estate of Morrison

130 Misc. 438 · New York Surrogate's Court · Jun 25, 1927

(See, also, Plummer v. Coler, 178 U. S. 115 .) … (Matter of Montefiore Home v. Prendergast, 159 App. Div. 644 ; affd., 211 N. Y. 549 .) Submit order on notice modifying the taxing order in accordance with this decision. J

In re Dubernell's Estate

3 N.Y.S. 133 · New York Surrogate's Court · Jul 15, 1888

It is stated in the opinion of the court in Brown v. Knapp, 79 N.

Valentine v. Valentine

4 Redf. 265 · New York Surrogate's Court · May 15, 1880

The second exception should be overruled, for the reason that when the decedent was asked to pay board she did not deny her liability or refuse to pay, but recognized the liability, and promised to pay. … (See Bowen v. Bowen, 2 Bradf., 336 , and cases there cited.)

In re the Estate of Kirkman

143 Misc. 342 · New York Surrogate's Court · Apr 5, 1932

(King v. Talbot, 40 N. Y. 76, 86, 88 ; Smith v. Central Trust Co., 12 App. Div. 278, 282 ; affd., 154 N. Y. 333 ; Suarez v. Pumpelly, 2 Sandf. Ch. 336, 340; Lyon v. Jerome, 26 Wend. 485, 494 ; Lewis v. Ingersoll, 3 Abb. … Sage v. Culver ( 147 N.

In re the Estate of Randell

147 Misc. 358 · New York Surrogate's Court · Apr 20, 1933

I direct my executor and trustee as soon as may be after my death to pay over to the Board of Trustees or other Governing Body for the time being of the Drexel Institute, Philadelphia, United States of America, all the rest … (Farmers’ Loan & Trust Co. v. Winthrop, 238 N. Y. 488, at p. 493 .)