Case law

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%

In re the Judicial Settlement of the Account of Klingel

11 Mills Surr. 75 · New York Surrogate's Court · Oct 15, 1913

The condition is thus grammatically, and according to the common use of phraseology, attached to and qualifies the particular bequest. … To establish an agreement for mutual wills and defeat the right to revoke a will, there must be full and satisfactory proof of the agreement, which cannot be supplied by presumptions. Id.

In re the Contested Will of de Vaugrigneuse

4 Mills Surr. 447 · New York Surrogate's Court · Dec 15, 1904

Carpenter as trustee, sworn to by her on June 28, 1899, the value of the estate is clearly stated to be $388,542.58, exclusive of the Ninth street house, valued at $33,000. … He was peculiarly well qualified to explain facts to Madame de Vaugrigneuse, then fresh in his mind.

In re the Will of Walker

185 Misc. 1046 · New York Surrogate's Court · Dec 29, 1944

There was an attempt to establish that the objectant terminated the relationship in early December. It appeared, however, that Dr. … This provision clearly limited a beneficiary to the amount he actually received from the trust estate in the fifty-two weeks immediately preceding Miss Walker’s death.

In re the Accounting of First National Bank & Trust Co.

11 Misc. 2d 96 · New York Surrogate's Court · Feb 21, 1958

The rule, clearly set forth in Matter of Durand {supra, p. 55 ) is that: “ The law does not accelerate remainders except in favor of the same persons who would take them if the intermediate estate, expunged as illegal, had … Although counsel for the Kelly descendants argue to the contrary, it is clear they cannot qualify under this rule.

In re the Judicial Settlement of the Accounts of Woodard

13 N.Y. St. Rep. 161 · New York Surrogate's Court · Nov 11, 1887

The will was subsequently admitted to probate and Orlando Woodard, named therein as executor, duly qualified and entered upon the • discharge of his duties. Mr. … I think that the plaintiff is clearly entitled to costs out of the fund.”

In re the Estate of Agioritis

84 Misc. 2d 83 · New York Surrogate's Court · Jun 13, 1975

I feel this is not a mere formal change and clearly violates the intent of the statute. … The surviving spouse has the burden of establishing the proportion of the decedent’s contribution.

In re the Probate of a Paper Propounded as the Last Will & Testament of Van Den Heuvel

9 Mills Surr. 177 · New York Surrogate's Court · Mar 15, 1912

Their factum has been adequately established. Mr. … The admission is, however, qualified by a statement to the effect that Mr.

Bonard's Will

16 Abb. Pr. 128 · New York Surrogate's Court · Jul 1, 1872

There is no rule of more universal application, both here and in England, that the plain and unambiguous words of the will must prevail, and are not to be controlled or qualified by any conjectural or doubtful constructions … Lord A. said : “I find it laid down as a rule, long ago established, that where there is a gift with a condition inconsistent with and repugnant to such gift, the condition is wholly void.

In re the Accounting of Downs

3 Mills Surr. 397 · New York Surrogate's Court · Jan 15, 1903

He was not an ordinary legatee but was required by the deceased to survive him for ten years, or, dying within that period, to leave issue surviving in order to qualify himself as a beneficiary. … That the relations of testator and contestant were those of the ordinary creditor and debtor is established by the decision in Ritch v. Hawxhurst, 114 N. Y. 512 .

In re the Estate of Smallman

138 Misc. 889 · New York Surrogate's Court · Jan 16, 1931

The second controverted item, numbered “ twenty-seven,” establishes a trust fund in $225,000, the income from which is payable to the widow, Jane C. … Thus preferences have been uniformly denied where it appeared that the legatees were not dependent upon the benefit, or the dependency was not clearly established, and under such circumstances such results have been reached

In re the Estate of Rothko

84 Misc. 2d 830 · New York Surrogate's Court · Dec 18, 1975

This letter clearly informed the coexecutors of the conflict of interest existing in Reis’ positions. … A cofiduciary cannot stand by and see improper use made of the assets and thereafter claim immunity grounded upon ignorance of his legal rights and duties or confidence in men misplaced.

In re the Estate of Rose

138 Misc. 630 · New York Surrogate's Court · Dec 4, 1930

Surely it may not be argued that proponent established by a fair preponderance of evidence that decedent possessed testamentary capacity! Riendeau’s testimony did not bear upon the issue at all. Mrs. … The verdict of the jury upon the fifth and sixth questions presented Was clearly against the weight of the evidence and contrary to law.

In re the Accounting of Marvin

193 Misc. 531 · New York Surrogate's Court · Aug 6, 1948

I direct that this trust, when set up and established, shall be and shall be accepted as in full settlement, release and discharge of any further liability and obligation whatsoever of maintenance, support or otherivise to … Resort to such extrinsic aids is permissible only when the will fails clearly to express the intention of the testator.

In re the Estate of McCafferty

147 Misc. 179 · New York Surrogate's Court · Apr 12, 1933

This, with the three qualifying certificates, completed the issuance of the total authorized capital of 2,500 shares. … That history frequently repeats itself is clearly demonstrated by the language in Matter of Weston ( 91 N.

In re Meeker

135 Misc. 774 · New York Surrogate's Court · Dec 2, 1929

Roys was elected trustee in bankruptcy and duly qualified as such. Finally, on June 26, 1929, Samuel C. … In the present instance these terms clearly provide that Wohlers shall be indemnified out of the interest of A.

In re the Estate of Hauber

136 Misc. 798 · New York Surrogate's Court · Apr 10, 1930

Was he qualified to draw up assignments of mortgages? A. Anybody can sign up that knows how. Q Is Mr. Cole an attorney? A. Not that I know of. Q. Is he a notary public? A. Yes. Q. But when you sent to Mr. … The gift must be established by a fair preponderance of all the evidence. (Ward v. N. Y. Life Insurance Co., 225 N. Y. 314 ; McKeon v. Van Slyck, 223 id. 392 .)

In re Noyes

5 Dem. Sur. 309 · New York Surrogate's Court · Dec 15, 1886

Now, it seems to me that this principle of election, which is very clearly enunciated in Havens v. Sackett ( 15 N. Y., 365 ), must control the disposition of the case at bar. … Ruthven (supra): “ The rule that a legacy is payable one year after the testator’s death only applies in the absence of a direction in the will controlling the' general practice established by the courts, or of other decisive

In re the Estate of Dryer

143 Misc. 310 · New York Surrogate's Court · Apr 7, 1932

Act, § 143) ; but it does show that those missing parts did modify and qualify the portions that remain, in that possession of any remainder is literally postponed till the death of the husband; and, probably, that then there … As to the trust for the “ uses and benefits ” of the husband for and during his fife, with the remainder, if any, over to the three cousins, it cannot be said that the contents of those clauses has been “ clearly and distinctly

In re the Estate of Lawrence

86 Misc. 579 · New York Surrogate's Court · Jun 5, 1974

But all wills do not clearly express the intention of the testator by naming his beneficiaries. … The second part clearly referred to testamentary (and inter vivos) dispositions.