Case law

In re the Estate of Bakos

163 Misc. 940 · New York Surrogate's Court · Jul 28, 1937

However, in the case of Warren v. United States (68 Ct. of Claims, 634, at p. 638; affd., 281 U. … (See, also, United States v. Sacks, 257 U. S. 37 ; Brown v. White, 24 F. [2d] 392; 65 C. J. 367; United States v. Birdsall, 233 U. S. 223 ; United States v. Smull, 236 id. 405; United States v.

In re Baker

6 Dem. Sur. 271 · New York Surrogate's Court · Aug 15, 1887

Blake, 3 *278 Dr. & War., 125; Taylor v. Taylor, 8 Hare, 120, 126; Torre v. Browne, 5 H. L. C., 555; Booth v. Coulton, 2 Giff., 514; Lainson v. Lainson, 18 Beav., 7; Booth v. Leycester, 3 Myl. & Cr., 459; Isenhart v. … Brown, 2 Hdw. Ch., 340, 347; Blauvelt v. DeNoyelles, 25 Hun, 590 ).

In re the Judicial Settlement of the Account of Proceeding of Bauerdorf

9 Mills Surr. 465 · New York Surrogate's Court · Oct 15, 1912

The court in Schmidt v. Jewett leans wholly on Soper v. Brown, 136 N. Y. 244, 248 . While in Soper v. … The enunciation of the rule in Soper v. Brown, if not very guarded, is certainly plain and unequivocal. If it evinces anything it evinces an adoption of the principal rule in its integrity.

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

119 Misc. 190 · New York Surrogate's Court · Jul 15, 1922

Kershaw v. Kelsey, 100 Mass. 561 ; Clarke v. Morey, 10 Johns. 68 , 72; Brown v. United States, 8 Cranch, 110 . As was said by Chief Justice Marshall in Brown v. … Sands v. N. Y. Life Insurance Co., 50 N. Y. 626 ; Brown v. United States, supra. Nor did the fact that the bequest became operative during the war violate the Trading With the Enemy Act.

Browne v. Bedford

4 Dem. Sur. 304 · New York Surrogate's Court · Jan 15, 1886

S., 23 ; Thompson v. Brown, 4 Johns. Ch., 620 ; Shepard v. Saltus, 4 Redf., 232 ; Matter of Gray, 27 Hun, 455 ; Matter of Weston, 91 N. Y., 502 ; Pomeroy’s Eq. Jur., § 1070). … On the contrary, if the estate is so small that the income is insufficient, resort may be had to the principal (Barlow v. Grant, 1 Vern., 255; Bridge v. Brown, 2 You. & C.

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 Estate of Browning

175 Misc. 107 · New York Surrogate's Court · Jun 25, 1940

(Lamdin v. Broadway Surface Advertising Cory., 272 N. Y. 133 . See, also, cases cited in Matter of Browning, 172 Misc. 647 .) … An Illinois case (White v. Sherman, 168 Ill. 589 ; 48 N. E. 128 ) reached the same result. Whether the statute there involved was similar to our Insurance Law the report does not reveal.

In re the Intermediate Accounting of Ostwald

20 Misc. 2d 1001 · New York Surrogate's Court · Jul 8, 1959

business may be transacted by the board at a meeting at which every member of the board is present, though held without notice.” … Y. 369, 385 ; Dayton v. Claflin Co., 19 App. Div. 120 ; Coffin v. Shour, 246 App. Div. 263 ; Matter of Clark, 69 Misc. 527, 530 ; Cohen v. Tefft, 51 N. Y. S. 2d 106).

In re the Estate of White

148 Misc. 740 · New York Surrogate's Court · Aug 24, 1933

(Hamlin v. Stevens, 177 N. Y. 39 ; Donnarumma v. Potter, 211 App. Div. 54 ; Ennis v. Chichester, 187 id. 53; affd., 227 N. Y. 633 ; Rosseau v. Rouss, 180 id. 116; McKeon v. … (Matter of Brown, 130 Misc. 865, 870, 871 ; modfd., 225 App.

In re the Construction of the Will of Watson

201 Misc. 193 · New York Surrogate's Court · Jul 6, 1951

(Matter of Brown, 154 N. Y. 313, 322 ; Matter of Inslee, 233 App. Div. 144 ; Matter of Clark, 120 Misc. 191 .) … (Matter of Brown, 154 N.

In re Winsor

5 Dem. Sur. 340 · New York Surrogate's Court · Dec 15, 1886

Ch., 100 ; Wilkes v. Rogers, 6 Johns., 566 ; Matter of Kane, 2 Barb. Ch., 375, 381 ; Harring v. Coles, 2 Bradf., 349 ; Bruin v. Knott, 9 Jur., 979; Voessing v. Voessing, 4 Redf., 360 ; Brown v. … Bedford, 4 Dem., 304 , 310; Furnam v. Van Sise, 56 N. Y., 435 ; Beardsley v. Hotchkiss, 96 N. Y., 201, 219 ; Hyland v. Baxter, 98 N. Y., 610, 614 ).

In re the Estate of Taft

143 Misc. 387 · New York Surrogate's Court · Apr 11, 1932

Div. 934 ; Marre v. … Since the testator died prior to 1921, in which year section 47-a of the Decedent Estate Law took effect, the rule of Soper v. Brown ( 136 N.

Norton v. Sillcocks

4 Dem. Sur. 145 · New York Surrogate's Court · Jul 15, 1885

Ch., 375; Andrews v. Partington, 3 Brown, C. C., 60; Buckworth v. Buckworth, 1 Cox Eq. Cas., 80; Holtzman v. Castleman, 2 McArthur, 555; Tompkins v. Tompkins, 18 N. J. Eq., 393 ; McKnight’s Exr’s v. Walsh, 23 N. J. … Eq., 136; Harring v. Coles, 2 Bradf., 353 ; Voessing v. Voessing, 4 Redf., 364 ; Brown v. Casamajor, 4 Ves. Jr., 498; Matter of Burke, 4 Sandf. Ch., 617, and cases cited in note).

Claim of Draper v. Trumble

8 Mills Surr. 479 · New York Surrogate's Court · Nov 15, 1911

Hamlin v. Stevens, 177 N. Y. 39 ; Holt v. Tuite,188 id. 17; Butcher v. Geissenhainer, 125 App. Div. 272 ; Dueser v. Meyer, 129 id. 598. … In the case of Rose v. Leask, 124 App.

In re the Judicial Settlement of the Account of Browne

35 Misc. 362 · New York Surrogate's Court · Jun 15, 1901

. § 2743; McNulty v. Hurd, 72 N. Y. 518 . … Browne, subject to the mortgage, which he also assumed and agreed to pay. On October 2, 1875,. Robert W. Browne conveyed the premises to Emma L. Bostwick, subject to the mortgage, which she'assumed and agreed to pay.

In re the Estate of Moore

11 Misc. 2d 139 · New York Surrogate's Court · Feb 10, 1958

As stated in Brown v. Quintará ( 177 N. Y. 75, 83 ): 11 When a will is revoked it no longer expresses the testamentary intention of its maker. … The general rule respecting gifts by implication was summarized in Brown v. Quintard ( 177 N.

In re the Transfer Tax Appraisal of the Estate of Saunders

9 Mills Surr. 301 · New York Surrogate's Court · May 15, 1912

In the brief submitted it is claimed that this is not a similar corporation to the one affected by the decision of Matter of Moses, because this corporation was incorporated under article V, chapter 559 of the Laws of 1895 … Practically the same provisions as are pointed out in the decision of Matter of Moses, as additional powers granted to the Brooklyn society, are also provided for in section 72 of article V of the law under which the Westchester

In re the Estate of Kelly

144 Misc. 330 · New York Surrogate's Court · Jul 19, 1932

It is a general principle or rule of construction that where a will speaks of the death of a devisee without issue it refers to such death occurring during the lifetime of the testator. ' (Brown v. Gardner, 233 N. … Y. 261 ; Lawrence v. Calam, 236 id. 168; Fowler v. Ingersoll, 127 id. 472; Vanderzee v. Slingerland, 103 id. 47; Quackenboss v. Kingsland, 102 id. 128.)

In re the Accounting of Koretzky

180 Misc. 108 · New York Surrogate's Court · Mar 15, 1943

(Patterson v. Patterson, 59 N. Y. 574 .) … See also Patterson v. Patterson, supra; Watkins v. Brown, 89 App. Div. 193 .)

In re the Estate of Herman

43 Misc. 2d 309 · New York Surrogate's Court · May 25, 1964

Brown, J. and Acting Surrogate. … Hochstadt, 23 Misc 2d 803 ; Truesell v. Kostiw, 35 Misc 2d 60 ). As mentioned in Jacobs v.