Case law

In re the Accounting of Hanchett

182 Misc. 79 · New York Surrogate's Court · Jul 16, 1943

Mitchell, named in and who qualified as executor under her will, and by two children, both of whom are infants under the age of fourteen years. … It is clear, therefore, under the terms of the will, that two thirds of the trust fund established for her benefit became vested in her prior to her death.

In re the Accounting of Gordon

183 Misc. 567 · New York Surrogate's Court · May 12, 1944

There is not the slightest difference of opinion in the cases that it is the duty of courts to ascertain the testator’s intent and then effectuate it, if it may be done without running counter to established rules of law. … There are certain well-known and permanently fixed rules of construction which aid in determining this intent when it does not appear clearly from the instrument itself.

In re the Estate of Mendleson

46 Misc. 2d 960 · New York Surrogate's Court · Jun 30, 1965

¡She showed no intention directly contrary by establishing the trusts in the manner she did. … Y. 539 ) the court said: “‘To establish a ratification by a cestui que trust, the fact must not only be clearly proved, but it must be shown that the ratification was made with full knowledge of all its material particulars

In re Proving the Last Will & Testament of Wheeler

1 Pow. Surr. 550 · New York Surrogate's Court · Oct 15, 1893

The declaration seems ■clearly within the rule that all acts or declarations forming part of the act or transaction to be proved so as to explain or qualify it, are admissible when such transaction or act dorm the fact in … testator for a change in his will, the law will not presume that the change was produced by undue influence upon the part of another, even though such person be solely benefited thereby, but there must be absolute proof to establish

In re the Estate of Taft

145 Misc. 435 · New York Surrogate's Court · Nov 10, 1932

The present accountant qualified as executor on May 28,1915, and although he sold the major portion of the property by January 15, 1917, with only a single asset remaining, and disposed of this last item on July 1, 1927, … In the opinion of this court the principle applicable in this decision is clearly stated in Matter of Matthewson ( 8 App.

In re the Estate of Ester T.

86 Misc. 452 · New York Surrogate's Court · Apr 20, 1976

Schat *458 kin, Esq. which require that they be performed by well-qualified physicians and with great care. … With regard to the letters addressed to decedent and her husband from various persons whose identity was not established, admitted in evidence by proponent, proponent failed to establish that they were in the possession of

In re the Estate of Wright

15 Misc. 2d 225 · New York Surrogate's Court · Jun 27, 1958

It is stated by the executors, although not established in the record, that the testatrix was in a hospital for some time prior to her death. … The assent of the executor or executors cannot be unreasonably withheld. ‘ ‘ Where an estate is clearly solvent and property specifically bequeathed is thus free from any claim for funeral and administration expenses and

In re the Contested Will of Hock

8 Mills Surr. 415 · New York Surrogate's Court · Oct 15, 1911

These were the witnesses who were unquestionably qualified as experts in mental derangements, and their testimony did not, in my opinion, aid contestants. … Evidence of the weakness of John Hock, his occasional eccentricities on other days than the day of testamentation, are not sufficient in themselves to amount to insanity or to defeat his testamentary intention clearly expressed

In re the Estate of Rademaker

166 Misc. 201 · New York Surrogate's Court · Feb 4, 1938

Each is supposed to speak the mind of the same Legislature, and the words used in each should be qualified and restricted, if necessary, in their construction and effect, so as to give validity and effect to every other act … Every, 231 id. 581, 585), and appears to be no less firmly established in the Federal courts, although there its reiteration has been somewhat less frequent. In United States ex rel. I. G.

In re Diliberto

49 Misc. 3d 171 · New York Surrogate's Court · Sep 25, 2014

Certainly, the purpose behind any exception to section 1416 was not to immunize attorneys and leave their clients without the protections provided by the statute. … Information about how an individual might obtain abandoned funds held by New York State directly from the Comptroller without paying a fee and the phone number established by the Comptroller for receiving inquiries regarding

In re the Estate of Taber

1 Mills Surr. 429 · New York Surrogate's Court · Dec 15, 1899

Taber, the executor therein named, who duly qualified, and is still acting. By the terms of the said will, William E. … Applying the rules of law laid down in the foregoing authorities to the evidence in this case, I am clearly of the opin *443 ion that it falls far short of establishing a gift of these three sums amounting to $4,400, to the

In re the Accounting of Feltes

208 Misc. 762 · New York Surrogate's Court · May 16, 1955

which have considered this question are: In Roberts’ Appeal ( 85 Pa. 84 ), it was held that transfer of shares on the books of a corporation is equivalent to a delivery; that retention of stock certificates can not undo or qualify … essential elements of a gift, intention and delivery, are lacking and it thus becomes unnecessary to make a finding with respect to the third element of acceptance, other than to comment that the stipulated facts do not clearly

In re the Estate of Harris

98 Misc. 2d 742 · New York Surrogate's Court · Jan 23, 1979

. *744 Clearly the devise under paragraph "third” of decedent’s will was a specific one. … However, that phrase qualifies the bequest of "furniture” and "household goods” as well as "personal belongings”.

Kelsey v. Van Camp

3 Dem. Sur. 530 · New York Surrogate's Court · Jun 15, 1885

He gives to his. wife all his personal estate, not otherwise disposed of, to have and to hold during her natural life; clearly only a life estate, if the will stopped here. … This clause refers to the preceding portions of the will for the nature of the gift; which by the preceding clauses is clearly a life estate only.

In re the Appraisal of the Estate of Burhans

100 Misc. 646 · New York Surrogate's Court · Jul 15, 1917

Div. 8 , where the court said: “ The right to *651 impose the tax must rest upon evidence sufficient in probative force to bring it within the statute, and must establish a case from which the law clearly authorized its imposition … It seems to me that this case is clearly distinguishable from Matter of Gould .

In re Hock's Will

129 N.Y.S. 196 · New York Surrogate's Court · Apr 24, 1911

These were the witnesses who were unquestionably qualified as experts on mental derangements, and their testimony did not, in my opinion, aid contestants. [11] It is at this point that we come to an interesting rule of practice … Evidence of the weakness of John Hock, his occasional eccentricities on other days than the day of testamentation, are not sufficient in themselves to amount to insanity, or to defeat his testamentary intentions, clearly

In re the Estate of Mahlstedt

140 Misc. 245 · New York Surrogate's Court · May 13, 1931

A codicil may add to or supplement, or it may alter, qualify, modify or revoke provisions of the will. (Matter of Buechner, 226 N. Y. 440 ; Matter of Phelps, 133 Misc. 450 .) … Lake (supra) it is in effect held that renunciation may be established by proof of acts inconsistent with acceptance. (Albany Hospital v. Albany Guardian Society, supra, 444.) Is this true in the instant case?

In re the Estate of Winston

167 Misc. 2d 295 · New York Surrogate's Court · Aug 4, 1995

Clearly, Harry envisioned that the business would be continued after his death and no one contends otherwise. … The possibility for abuse or misuse of the power is clearly evident from the transaction that is the subject of this decision.

In re Weeks

5 Dem. Sur. 194 · New York Surrogate's Court · Feb 15, 1887

I have found no. reported case in which a testator’s clearly expressed intention has been disregarded by the courts upon the ground that its execution would lead to inconvenient or unjust results, or results that the testator … How can any reasonable scheme be established for carrying into effect the testator’s purposes ?

In re the Estate of Neumann

18 Misc. 2d 779 · New York Surrogate's Court · Feb 3, 1959

The expert evidence establishes that there will be no inheritance tax against the French or Belgian legatees and that the Turkish *783 inheritance tax will be well below the stated figure. … In the event that neither beneficiary can qualify under article ninteenth, the temporary alternative disposition of income will become operative. (5) The trustees ask whether the first paragraph of article nineteenth (40%