Case law

In re the Judicial Settlement of the Account of the Proceedings of Union Trust Co.

12 Mills Surr. 314 · New York Surrogate's Court · Jun 15, 1914

Neither instrument contains any word to qualify its affirmation that the bond and mortgage are hoth held by the company in its individual name and solely as its own. … These are reasons for care and patience, but there can be no reason for confirming a wrong simply because it is established. *318 The first care of the law is the safety of the trust fund.

In re the Estate of Johnson

14 Misc. 2d 138 · New York Surrogate's Court · Jun 17, 1958

The will had named a corporate fiduciary as executor, but the nominated executor did not qualify. … Paragraph Fifteenth clearly shows that the date of the testator’s death could not have been intended as the time for fixation of value.

In re Carpenter's Will

145 N.Y.S. 365 · New York Surrogate's Court · Aug 28, 1913

He testified that he saw the other subscribing witness sign his name as a witness to said will, and additional evidence was given by other qualified witnesses, establishing the genuineness of the signatures of the testatrix … There is no evidence of undue influence, and the formal execution of the will was so clearly established that the only remaining question is the competency of the testatrix at that time.

In re the Appraisal for Taxation of the Estate of Fuller

2 Mills Surr. 230 · New York Surrogate's Court · May 15, 1901

Webster, in the Daifmouth College case, said: “ By the law of the land is most clearly intended the general law — a. law which hears before it condemns; which proceeds- upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his life, liberty, property and immunities, under the protection of the general rules which govern society.

Fernbacher v. Fernbacher

4 Dem. Sur. 227 · New York Surrogate's Court · Nov 15, 1885

. *237 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 Demesyeux

42 Misc. 3d 730 · New York Surrogate's Court · Dec 23, 2013

The court went on to find that the father was clearly disqualified as a distributee because he pleaded guilty to first-degree manslaughter. … The mother failed to establish that she had a reasonable expectation of future assistance from the decedent and failed to establish that she was entitled to damages for future pecuniary loss. *734 Ironically, in the instant

In re the Estate of Eddy

175 Misc. 1011 · New York Surrogate's Court · Jan 7, 1941

Additional documents in evidence clearly show that Dickson by intention and in fact was continuing the business on his own until the summer of 1939. … The surviving partners sought to substitute the actually ascertained values for the values established on the books pursuant to the practice of the firm. This the court refused to permit. (Cf. Coventry v.

In re the Estate of Murray

14 Misc. 3d 591 · New York Surrogate's Court · Oct 3, 2006

However, other information establishes that Jane “has never been formally adjudicated as an incompetent as a matter of law.” … Courts in article 81 proceedings must, therefore, look to what is specifically needed under all the facts in a given case, and not appoint a guardian where the circumstances do not clearly warrant it.

In re the Estate of Snell

30 Misc. 2d 373 · New York Surrogate's Court · Jun 15, 1961

The trustees named in the will duly qualified (Surrogate’s Ct. Act, § 167). By judicial settlement decree, July 21, 1947, the actual residuary estate was turned over by the executors to the trustees. … established ” (Rose v.

In re the Judicial Settlement of the Accounts of McKay

3 Mills Surr. 12 · New York Surrogate's Court · Mar 15, 1902

Gillett was duly appointed executor in pursuance of said will, and duly qualified and entered upon the discharge of his duties as such on January 4, 1890. Thereafter an action was brought by the said Chas. W. … It was clearly held in the ease of Matter of Woodworth, 5 Dem. 156 -160, and in the case of Shumway v.

Timpson's Estate

15 Abb. Pr. 230 · New York Surrogate's Court · Apr 15, 1872

A base, or qualified fee is such an one as hath a qualification subjoined thereto, and which must be determined whenever the qualification to it is at an end. … Thus it is abundantly established that the widows in question were endowed of these lands to the extent of the seizin of their respective husbands.

In re the Estate of Pardy

161 Misc. 77 · New York Surrogate's Court · Nov 14, 1936

One who seeks to establish a lost or destroyed will assumes the burden of overcoming this presumption by adequate proof.” … The testimony indicates clearly that the decedent did not have possession of his will of September 20, 1933, on the date of the execution of the codicil.

In re the Estate of Smith

79 Misc. 2d 105 · New York Surrogate's Court · Sep 9, 1974

These, we think, are clearly distinguishable. … However, the records on appeal establish that extensive briefs *111 citing the cases heretofore mentioned (and others) were presented by the protagonists.

In re Baby Girl S.

141 Misc. 2d 905 · New York Surrogate's Court · Nov 4, 1988

Clearly, when Regina gave her consent before this court, she violated Judge Simon’s order. The record establishes that this proceeding is permeated with fraud and misrepresentation. … The facts of this case illustrate the harshness of classifying unwed fathers as being invariably less qualified and entitled than mothers to exercise a concerned judgment as to the fate of their children.

In re Place

1 Redf. 276 · New York Surrogate's Court · Dec 15, 1849

A deviation from established practice must be looked upon as being intended to obscure the investigation, and therefore the presumption must be against their accuracy in weighing evidence; but I do not know that I have the … Hay, it was deemed expedient in the very clause which is alone relied on for the power claimed, to add the words prohibitory of the exercise of power, the qualifying words, “ as such executor.” (2 Rev. Stat., 71, § 15.)

In re the Estate of Angle

147 Misc. 445 · New York Surrogate's Court · Apr 28, 1933

There was testimony by interested witnesses that the envelopes in question were exhibited to them prior to the date of the will; one witness qualifying his testimony to the extent of saying that the envelopes he had seen … Y. 140 ) is urged in support of the validity of this clause, but its non-application here is clearly pointed out in Matter of O’ Neil ( 91 N.

In re the Judicial Settlement of the Account of Butler & Kirkland

2 Connoly 490 · New York Surrogate's Court · Dec 15, 1890

This ruling was clearly improper. … It is one which appears to me, from the cases which have been already cited, and from those which are to follow, to be most conclusively established.”

Peebles v. Case

2 Bradf. 226 · New York Surrogate's Court · Dec 15, 1852

It is clearly proved that, about the 15th of February, 1850, the decedent executed his last will and testament, and yet two wills are produced, each bearing that same date, appointing the same executors, each written by the … Peebles, establishing that the document was in Mr.

In re the Transfer Tax upon the Estate of Cochrane

117 Misc. 18 · New York Surrogate's Court · Nov 15, 1921

Justice Page, writing for the Appellate Division, said as to the first reservation, which is similar to one of the reservations in *27 the instant case, that there is nothing in this clause to qualify or- cut down the absolute … This language clearly implies that the court had in mind and gave particular consideration to the possession of the property and the enjoyment of the income thereof.

In re Campbell's Will

136 N.Y.S. 1086 · New York Surrogate's Court · Mar 2, 1912

Johnson, who was entirely disinterested and highly qualified to speak on the subject of Miss Campbell, her ways, speech, and action at the critical period in this cause. … Townsend then released his right of presentation and became clearly qualified to testify to matters not falling within the inhibition of section 835, Code Civ. Proc. As Mr.