Case law

In re the Estate of Stewart

118 Misc. 237 · New York Surrogate's Court · Mar 15, 1922

The residuary estate, amounting to more than $60,000, goes to the Board of Foreign Missions and Board of Home Missions of the Presbyterian Church. Letters testamentary were issued August 14, 1918. … The case of Kent v. Dunham, 106 Mass. 586 , cited by the residuary legatees, is not helpful.

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.

In re the Probate of the Will of Brown

6 Misc. 2d 803 · New York Surrogate's Court · Mar 26, 1957

Y. 1 ), and on review of the authorities the doctrine was reiterated. “ The rule, however, does not extend to a will properly executed and which has been rendered inoperative by law, as by marriage of a woman (Brown v. … (Brown v. Clark, 77 N. Y. 369 ; Cook v. White, supra; Matter of Campbell, 170 N. Y. 84 .)

In re the Construction of the Will of Hennig

6 Misc. 2d 156 · New York Surrogate's Court · Dec 10, 1956

The court holds that these bequests were not absolute as gifts to the petitioner individually but were made to him in his fiduciary capacity (Reynolds v. Reynolds, 224 N. … Y. 429 ; Matter of Lehmaier, 183 Misc. 592 ; Matter of Brown, 122 N. Y. S. 2d 640; Matter of Sutta, 54 N. Y. S. 2d 572, affd. 265 App. Div. 994 ).

In re the Estate of Berman

33 Misc. 2d 1038 · New York Surrogate's Court · Feb 16, 1962

The widow therefore has a legal life estate in one half of the residuary and is entitled to the income earned thereon (Matter of Reed v. Browne, 295 N.

In re the Estate of McAvoy

171 Misc. 730 · New York Surrogate's Court · Jun 5, 1939

Y. 622 ; Matter of Clark, 251 id. 458; Matter of Kohler, 231 id. 353; Delaney v. Van Aulen, 84 id. 16; Matter of Browning, 165 Misc. 819 ; affd., 254 App. Div. 843 ; Matter of Smathers, 133 Misc. 812 .)

In re the Probate of the Will of Davis

6 Misc. 2d 10 · New York Surrogate's Court · Mar 25, 1957

Surrogate Delehaetty in Matter of Thompson (supra) collating the authorities, makes it plain that no court has ever held the contrary and he cites with approval the statement in Dan v. … Brown ( 4 Cow. 483, 490 ) ‘ ‘‘ Revocation is an act of mind, which must be demonstrated by some outward and visible sign of revocation. The statute has prescribed four.

In re the Construction of the Will of Hinman

22 Misc. 2d 655 · New York Surrogate's Court · Mar 21, 1960

Y. 316 ; Crooke v. County of Kings, 97 N. Y. 421, 436 ; Real Property Law, § 96). … . *657 Under such facts, the statute creates a legal life estate with the same incidents of tenure as if the bequest had taken such form (Real Property Law, § 92; Matter of Reed v. Browne, 295 N. Y. 184 ; Rose v.

In re the Accounting of Hammer

184 Misc. 233 · New York Surrogate's Court · Feb 23, 1945

This did not amount to an allowance of the claim (Matter of Brown, 60 Misc. 35 ). … Y. 23, 33 , supra, quoted in Matter of Brown , 60. Misc. 35, 39, supra).

In re the Estate of Heim

166 Misc. 931 · New York Surrogate's Court · Mar 16, 1938

An application form was given her which she duly completed and transmitted to the board of managers of the home a week later. … The decedent’s application was accepted after mature consideration by a unanimous vote of the board of managers.

Scofield v. Adriance

2 Dem. Sur. 486 · New York Surrogate's Court · Jun 15, 1884

Pro., § $606; LeCount v. LeCount, 1 Demarest, 29, and cases cited; Maze v. Brown, ante, 217.)

In re the Judicial Settlement of the Account of King

18 Mills Surr. 63 · New York Surrogate's Court · Nov 15, 1916

Ch. 312 [319] ; Rice v. Harbeson, 63 N. Y. 493 [500].) … (Livingston v. New-kirk, supra.)

In re the Estate of Martin

178 Misc. 43 · New York Surrogate's Court · Dec 22, 1941

Y. 698 ; Matter of Wilson, 252 id. 155; Matter of Browning, 176 Misc. 308 .) … Y. 645 ; Noll v. Ruprecht, 256 App. Div. 926 ; affd., 282 N. Y. 598 ; Evans v. Appell, 211 App. Div. 105 ; affd., 240 N. Y. 585 .)

In re the Estate of Lynn

175 Misc. 441 · New York Surrogate's Court · Nov 26, 1940

(Dwight v. Fancher, 245 N. Y. 71 ; Matter of Smith, 254 id. 283; Brown v. Quintard, 177 id. 75; Chase National Bank v. Chicago Title & Trust Co., 164 Misc. 508 .) … In Brown v. Quintard (supra) a defective residuary clause was attempted to be cured by a revoked will which had been received in evidence for that purpose.

In re the Final Judicial Settlement of the Account of Cromwell

10 Mills Surr. 356 · New York Surrogate's Court · May 15, 1913

Schmidt v. Jewett, 195 N. Y. 486 ; Soper v. Brown, 136 id. 244; Drake v. Drake, 134 id. 220; Matter of Bauerdorf, 77 Misc. Rep. 656 ; 2 Jarman Wills, 635, 636; 1 Bouvier L. Dict. 1124.

In re the Estate of Havemeyer

127 Misc. 197 · New York Surrogate's Court · Mar 22, 1926

Law, § 11; Matter of Brown, 154 N. Y. 313, 324 .) … Y. 415 ; Hoye v. Hipkins, 182 App. Div. 901 ; Matter of Morris, 204 Fed. 770 ; Matter of Reynolds, 243 id. 268.)

In re the Estate of Cassiano

29 Misc. 3d 553 · New York Surrogate's Court · Aug 20, 2010

for Offices of Public Administrators Pursuant to Surrogate’s Court Procedure Act Section 1128 [approved by the Board Oct. 3, 2002] [Administrative Board Guidelines]). … , 70 AD3d 252 [2009]; Egnotovich v Katten Muchin Zavis & Roseman LLP, 55 AD3d 462 [2008]; Seth Rubenstein, P.C. v Ganea, 41 AD3d 54 [2007]).

In re the Estate of Thompson

190 Misc. 760 · New York Surrogate's Court · Apr 7, 1947

They were undoubtedly aware of the decision rendered in 1825 by the then Supreme Court of the State of New York in Dan v. Brown ( 4 Cow. 483 ). … (Glass v. Scott, 14 Col.

In re the Estate of Browning

176 Misc. 308 · New York Surrogate's Court · Mar 24, 1941

(Donemar, Inc., v. Molloy, 252 N. Y. 360 ; emphasis supplied.) … (Donemar, Inc., v. Molloy, supra; Matter of Browning, 172 Misc. 647 , and authorities there cited; 3 Scott on Trusts, § 506; Restatement, Restitution, § 201, subd. 1.)

In re the Accounting of Mulligan

196 Misc. 475 · New York Surrogate's Court · Aug 16, 1949

Div. 233 ; Matter of Rowe, supra; Matter of Brown, N. Y. L. J., June 8, 1948, p. 2151, col. 5; cf. also Cerf. v. Diener, 148 App. Div. 150 ; Matter of Harrison, 190 Misc. 215 ; and Eckersley v. Curran, 158 App. … S. 34 ; Carroll v. Carroll, 60 N. Y. 121 ; Marks v. Emigrant Ind. Sav. Bank, 122 App. Div. 661 ; Matter of Rowe, supra). Anna M.