Case law

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 .)

In re the Estate of Evans

135 Misc. 656 · New York Surrogate's Court · Feb 28, 1929

(Doctor v. Hughes, 225 N. Y. 305 ; Whittemore v. Equitable Trust Company, 162 App. Div. 607 ; Gage v. Irving Bank & Trust Co., 222 id. 92.) Mary R. Evans is still alive and while living she can have no next of kin. … (Dwight v. Fancher, 245 N. Y. 71 ; *658 Reynolds v. Reynolds, 224 id. 429; Brown v. Quintard, 177 id. 75.)

Hatch v. Sigman

1 Dem. Sur. 519 · New York Surrogate's Court · Feb 15, 1883

In Dan v. Brown ( 4 Cow., 483 ), a case relied upon by proponent, Governor Marcy was one of the witnesses to the will, one was dead, and the other Mr. Marcy had forgotten, three being then required. Mr. … See, also, McNally v. Brown ( 5 Redf., 372 ). Was there any fraudulent destruction of the will, if any existed?

In re the Estate of Langdon

139 Misc. 379 · New York Surrogate's Court · Jan 10, 1931

(Keating v. Hammerstein, 125 Misc. 334 ; Quaid v. Ratkowsky, 183 App. Div. 428 ; affd., 224 N. Y. 624 ; Matter of Friedman, 177 App. Div. 755 ; Farmers’ Loan & Trust Co. v. Pierson, 130 Misc. 110 .) … (Pratt v. Ladd, 253 N. Y. 213 ; Equitable Trust Co. v. Prentice, 250 id. 1; Bourne v. Bourne, 240 id. 172; Matter of Osborne , 209 id. 450 ; Matter of Enz , 204 App. Div. 634 ; affd., 237 N. Y. 577 .)

In re Mallory's Estate

35 N.Y.S. 155 · New York Surrogate's Court · Jul 15, 1895

Moore v. Moore, 3 Abb. Dec. 303; Williams v. Hutchinson, 3 N. Y. 312 ; Ross v. Ross, 6 Hun, 182 . … Reynolds v. Robinson, 64 N. Y. 589 ; Coleman v. Burr, 93 N. Y. 17 ; Porter v. Dunn, supra; Stamp v. Franklin, 144 N. Y. 607 , 39 N. E. 634 .

In re the Estate of Birdsall

2 Gibb. Surr. 293 · New York Surrogate's Court · Dec 15, 1897

Hatter of Nichols, 91 Hun, 138 ; Tompkins v. Hunter, 149 N. Y. 117 -122. … If v?e hold this to be the meaning of this language it seems to us that it will defeat *315 the very purpose of the amendment.

In re the Estate of Laytin

149 Misc. 60 · New York Surrogate's Court · Sep 15, 1933

(Brown v. Spohr, 180 N. Y. 201 .) *62 As evidence of a present gift of the jewelry the instrument is entirely ineffectual. It is executory in form and is in the nature of a testamentary disposition. … (Brown v. Spohr, 180 N. Y. 201 .) ” If such agency did exist, it was terminated by the death of the decedent before delivery of the jewelry to the donees. The oral proof is wholly insufficient to establish Mrs.

In re Proving the Last Will & Testament of Easton

84 Misc. 1 · New York Surrogate's Court · Jan 15, 1914

This is distinctly recognized as the true doctrine by Judg’e Brown in Matter of Conway, 124 N. Y. 466 . It will be perceived that the conclusion of Judge Brown is quite in line with that of Sir W. P. … Great Northern Rail Co. v. Swaffield, 1847, L. R. 9 Ex. 132, 138; Abrahams v. Deakin, 1891, 1 Q. B. 516, 521.

In re Keech's Estate

7 N.Y.S. 331 · New York Surrogate's Court · Jun 20, 1889

Counsel for the society relies upon the case of Association v. Mayor, etc., 104 N. Y. 581 , 12 N. E. Rep. 279, as authority directly in point. … In Association v. Mayor, etc., supra, it was a pure charity, where the orphans were boarded, clothed, and educated gratuitously. Ho charge was made for admission, and they were at no expense whatever.

In re the Appraisal under the Transfer Tax Law of the Estate of Dunn

118 Misc. 426 · New York Surrogate's Court · Apr 15, 1922

Rep. 648 ) and for that reason was not taxable (Matter of Weiler, supra; Matter of Riemann, supra; Matter of Browning, 95 Misc. Rep. 459 ) unless the realty was devised in lieu of her dower and accepted by her. … Smith v. Browning, 225 N. Y. 358, 363 ; Matter of Terry, 218 id. 218, 222.

In re the Estate of Sparks

1 Mills Surr. 70 · New York Surrogate's Court · May 15, 1899

Shannon v. Pickell, 55 Hun, 127, 130 ; Prowitt v. Rodman, 37 N. Y. 42 . … Matter of Brown, 93 N. Y. 295 .

In re Estate of Gearns

1 Mills Surr. 55 · New York Surrogate's Court · Apr 15, 1899

Browne v. Bedford, 4 Dem. 304 . The application must be denied. Applications denied.

In re the Accounting in Kelly's Estate

1 Tuck. Surr. 28 · New York Surrogate's Court · Jul 1, 1870

But this implication is demolished, if the parties understood or intended that no compensation was to be made. ( Williams v. Finch, 2 Barb., 208 ; Livingston v. Ackerston, 5 Cow., 531 ; Dunbar v. … Williams, 10 John., 239 ; Batholemew v. Jackson, 20 John., 28 ; Evarts v. Adams, 12 John, 352).

In re the Construction of the Last Will & Testament of Merritt

124 Misc. 709 · New York Surrogate's Court · Mar 23, 1925

In Jones v. Kelly ( 170 N. … But here there is no direction to form a board of trustees. There is only authority granted, provided it may lawfully be done. I do not understand that the rule laid down in Allen v.

In re the Judicial Settlement of Edwards

2 Connoly 86 · New York Surrogate's Court · Nov 15, 1889

The executor claims, and has endeavored to show, that it was understood between himself and the deceased, that- he was to be compensated for the board furnished and the services rendered by him, not by a mere provision in … Jacobson v. La Grange, 3 Johns. 199 ; Eaton v. Benton, 2 Hill 578 ; Robinson v. Raynor, 28 N. Y. 494 ; Reynolds v. Robinson, 64 N. Y. 589 ; McRae v. McRae, 3 Bradf. 199 .

Hood v. Hood

2 Dem. Sur. 583 · New York Surrogate's Court · Nov 15, 1883

.] § 281; Wood v. Brown, 34 N. Y., 339 ; Quackenboss v. Southwick, 4 1 id., 117).

In re Pratt

134 Misc. 160 · New York Surrogate's Court · Apr 16, 1929

(Reynolds v. Robinson, 82 N. Y. 103, 106 . See, also, Matter of Phipps, 214 id. 378, 381: Matter of Grossman, 131 Misc. 526, 533 .) … The court, after distinguishing its decision in Matter of Brown ( 154 N.

In re the Estate of Carr

176 Misc. 571 · New York Surrogate's Court · May 13, 1941

Otsego County Bank v. Board of Supervisors, 51 N. Y. 401, 406 ; Matter of Merritt, 124 Misc. 709 ), or that they are mandatory. (Ayers v. Courvoisier, 101 App. Div. 97 ; Matter of Miller, 64 Misc. 232 ; modfd., 138 App. … (Helvering v. Butterworth, 290 U. S. 365, 370 .) They state that they have filed a petition to the United States Board of Tax Appeals to contest the attempted collection of the tax by the government.

In re the Estate of Braun

194 Misc. 791 · New York Surrogate's Court · Apr 15, 1949

The respondent testified that during all her married life with the decedent, she was a housewife with no independent income except such as she received during one period from a married couple who boarded with them. … Each, by the form of these accounts, must have intended to create a right of survivorship in the other (Belfanc v. Belfanc, 252 App. Div. 453 , affd. 278 N.

In re the Accounting of Kings County Trust Co.

203 Misc. 956 · New York Surrogate's Court · Mar 20, 1953

That duty of general care and conduct of the corporate affairs is cast upon the board of directors as a body and not as individuals (Fox v. Arctic Placer Mining & Milling Co., 229 N. Y. 124,132 ). … v.