Case law

In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of MacDowell

14 Mills Surr. 11 · New York Surrogate's Court · Feb 15, 1915

Y — for carrying on this Home — To be established in perpetuity. … Clearly there is no charitable trust created under the will. The one attempted to be created is absolutely void.

In re the application to revoke the probate of the will of Stewart

1 Connoly 412 · New York Surrogate's Court · Feb 15, 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 material to her. … , whether under this clause such benefaction under this will as to 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 Judicial Settlement of the Account of Perry

5 Mills Surr. 101 · New York Surrogate's Court · Sep 15, 1905

Clearly this provision creates an unlawful suspension. … Clearly such an implied direction would be void under section 4 of the Personal Property Law.

In re the Estate of Chambers

112 Misc. 551 · New York Surrogate's Court · Jul 15, 1920

They contend that the gifts to the two children are void because there are no persons in esse answering to the description and qualified to take such gifts, the testator having died childless, never having *555 adopted the … The respondent Chambers in his answer, the executors in their petition, the stipulation on the record, as well as the evidence taken, establish the fact that the twin children.

In re Smith's Estate

1 Pow. Surr. 271 · New York Surrogate's Court · Dec 15, 1892

All qualified and entered upon the duties of the executorship, and acted therein until about in the year 1885. … Schlegel, supra, and reviews the authorities establishing that principle; and, in speaking of the case of Tobias v.

In re the Probate of the Last Will & Testament of Cable

123 Misc. 894 · New York Surrogate's Court · Nov 6, 1924

The rule is so clearly laid down in the authorities cited that reference to the particular facts in each case is deemed unnecessary. … Its purpose is to alter, explain, qualify or revoke the will in the respects it defines. It is a part of the will, and the two are to be read and executed as one entire instrument.

In re the Estate of Hayden

172 Misc. 669 · New York Surrogate's Court · Nov 17, 1939

He is a keen and shrewd business man of long experience and particularly qualified in the handling of large financial transactions. … No such conduct on the part of the trustees has been established here.

In re the Probate of the Last Will & Testament of Burnham

115 Misc. 588 · New York Surrogate's Court · Jun 15, 1921

The evidence clearly shows that at the time the attorney arrived, she was in a critical condition. She was in extremis. … He who presents a will asserts that the testator was qualified by the statute to make it. Rollwagen v. Rollwagen, 63 N. Y. 504, 517 ; Dobie v.

In re the Estate of Tonkonogoff

177 Misc. 1015 · New York Surrogate's Court · Dec 17, 1941

An examination of these decisions shows that they clearly support the opinions expressed by these witnesses. (Petrovsky v. Ardi, Decisions of the Russian Ruling Senate, No. 647 of the year 1872; Kropotoff v. … The same conclusion would be reached if the limitation was in a different statute, provided it was directed to the newly created liability so specifically as to warrant saying that it qualified the right.”

In re the Estate of Camac

2 Misc. 3d 894 · New York Surrogate's Court · Jan 8, 2004

The additional requirements to establish a claim based on a contract to make a will are stated in Matter of Guarino ( 13 Misc 2d 539, 541 [1958]) as follows: “However, in order to establish a claim on a contract to make a … Moreover, in order to establish such a claim against the decedent, the proof must be clear and convincing without transcending the ordinary rule requiring a claimant to establish the essentials of the claim by a fair preponderance

In re the Accounting of Security Trust Co.

189 Misc. 748 · New York Surrogate's Court · Apr 30, 1947

On the return day the special guardians qualified, and appeared specially to object to the jurisdiction of the court in this proceeding. … Subdivision 10 of section 40 of the Surrogate’s Court Act clearly had the foregoing purpose and effect.

In re the Estate of Karsten

170 Misc. 2d 704 · New York Surrogate's Court · Nov 12, 1996

SCPA 1418 deals with proceedings for administration with will annexed when there is either no named executor in the will or no qualified executor who is willing or able to act. … By analogy, this is the same mechanism established for obtaining letters of administration in an intestate decedent’s estate under SCPA 1001.

In re the Accounting of Becher

204 Misc. 523 · New York Surrogate's Court · Jul 22, 1953

expressed the wish that the businesses represented by the stockholdings so bequeathed be continued by at least one of the sons, and gave detailed suggestions for the attainment of that result as “ I labored all my life to establish … If there be no residuary estate, the value of so much of the items bequeathed to the widow under paragraph “ Second ” of the will, which do not qualify for the exemptions provided under section 200 of the Surrogate’s Court

In re the Estate of Jaffer

58 Misc. 2d 948 · New York Surrogate's Court · Feb 13, 1969

LIMITED RIGHT OF ELECTION Clearly, the widow has at least a limited right of election pursuant to EPTL 5-1.1 (subd. [a], par. [1], subpar. [F]). … surviving spouse had already been established.

In re the Final Judicial Settlement of the Accounts of Paris

2 Gibb. Surr. 27 · New York Surrogate's Court · Mar 15, 1896

I think the proof in the case clearly establishes the note as a claim against the estate. … Rosenburg, 40 Hun, 96 , the court holds: “ That to constitute a gift inter vivos, it requires a full and un *35 qualified renunciation of the title by the donor and the acquisition by the donee of an absolute title, accompanied

In re the Estate of Grace

62 Misc. 2d 51 · New York Surrogate's Court · Feb 16, 1970

Since the decedent often owned property in the names of others and a great deal of inside information was necessary to determine the assets of his estate, it was necessary to take testimony to establish what interests the … To qualify as a fiduciary is a serious matter and if one lacks the time or inclination necessary to devote to the affairs of an estate, he should refrain from accepting his nomination or resign.

In re the Estate of Shaver

133 Misc. 112 · New York Surrogate's Court · Sep 24, 1928

Div. 51 ) the court stated (at p. 56): “ If the evidence in the case clearly established that the signature to the will in question was a forgery, the intention of the deceased in respect to the proponent as to the disposition … This same method was used to qualify the witness by comparing the writing on the disputed document with standard writing of Jean Clelland Shaver to establish the authorship of the document.

In re the Construction of the Will of Charles

200 Misc. 452 · New York Surrogate's Court · Jan 19, 1951

The niece claims that the adopted children do not qualify for appointment under the terms of the *455 will and that they are, moreover, precluded from sharing in the appointment by virtue of section 115 of the Domestic Delations … In those cases wherein it was held that an adopted child does not take under a gift to heirs, the intent of the testator to exclude the adopted child or to limit the gift to blood relatives clearly appeared.”

In re Carver's Will

1 Pow. Surr. 316 · New York Surrogate's Court · May 10, 1893

The law does not, of course, attempt to-define any particular grade of mental ability or acumen necessary to qualify one to make a will. … The cases have quite clearly defined the grade and character of the influence which must be shown to have been exercised upon the testator to justify denying probate to a will.

In re the Estate of Byrnes

159 Misc. 302 · New York Surrogate's Court · Apr 16, 1936

From these recommended rates it is to be noted that on the basis of a rent roll of $300,000 the amount payable to a qualified managing agent for management of the entire building is only $7,500. … The trustee’s exhibit 5 in its paragraphs 3 and 6 clearly show that the tenant had the burden of paying these charges.