Case law

In re Collyer

4 Dem. Sur. 24 · New York Surrogate's Court · Nov 15, 1885

Brown ( 1 Dem., 317 ). *28 The administrator, in his account, charges himself with the amount of the deposit in question, and were it not for the objection interposed by George B. … This is precisely what the court seemed to have held in Mabie v. Bailey.

Chambers v. Cruikshank

5 Dem. Sur. 414 · New York Surrogate's Court · Apr 15, 1887

That section was evidently suggested to the Code Commissioners by decisions theretofore rendered in Wood v. Brown ( 34 N. Y., 337 ) and in Burt v. Burt ( 41 N. Y., 46 ). In Wood v. … The case was like the case at bar, and unlike that of Wood v. Brown, in the circumstance that no question was made respecting the safety of the fund involved or the responsibility of its custodian.

In re the Estate of McKim

21 Misc. 2d 996 · New York Surrogate's Court · Oct 13, 1959

Brown, 136 N. Y. 244 ; Petry v. Petry, 186 App. Div. 738 , affd. 227 N. Y. 621 ). … (Ferrer v. Pyne, 81 N. Y. 281, 284 ; Vincent v. Newhouse, 83 N. Y. 505 ; Matter of Farmer’s Loan & Trust Co., supra; Matter of Good, 96 N. Y. S. 2d 798, affd. 278 App. Div. 806 , .affd. 304 N. Y. 110 .)

In re the Estate of Daniell

12 Misc. 2d 359 · New York Surrogate's Court · May 14, 1958

Y. 241 ; Holbrook v. Shepard, 220 App. Div. 64 , affd. 245 N. Y. 618 ; Appleton v. Fuller, 61 Hun 626 ). … S. 2d 152, affd. 1 A D 2d 844, affd. 1 N Y 2d 907) and Matter of Brown ( 133 Misc. 519 ).

In re the Estate of Baffa

139 Misc. 298 · New York Surrogate's Court · Feb 20, 1931

A like result was attained in the recent case of Armondi v. Dunham ( 221 App. … (Miner v. Brown, 133 N. Y. 308, 311 .) The estate which vests is peculiarly the result or product of the marriage relation. (Jooss v. Fey, 129 N. Y. 17, 19 .) It vests in both as an entirety. (Matter of Lyon, supra.)

In re the Judicial Settlement of the Accounts of Proceedings of Dorland

100 Misc. 236 · New York Surrogate's Court · May 15, 1917

It also appears that the. decedent paid board during the time he lived in the home of the claimant and that after his death the executors paid a small balance which was still due for board. … Kearney v. McKeon, 85 N. Y. 136 ; Van Slooten v. Wheeler, 140 id. 624; Holt v. Tuite, 188 id. 17; Roberge v. Bonner, 94 App. Div. 342 ; affd., 185 N. Y. 265 .

In re the Estate of Bechtoldt

159 Misc. 725 · New York Surrogate's Court · Jun 13, 1936

Brown v. Robinson ( 224 N. Y. 301 , revg. 173 App. Div. 583 ). … The cases of Hartley v. Eagle Insurance Co. (supra) and Brown v.

In re Van Dyke

5 Dem. Sur. 331 · New York Surrogate's Court · Dec 15, 1886

Ch., 455, 465 ; Clark v. Ford, 1 Abb. Ct. App. Dec., 359 ; Mead v. Jenkins, 95 N. Y., 31 ; Carman v. Brown, 4 Dem., 96 ; Warren v. Paff, 4 Bradf., 260 ; Martin v. Gage, 9 N. Y., 398 , Clock v. … Chedeagne, 10 Hun, 97 ; Cole v. Terpenning, 25 Hun, 482 ; Smith v. Remington, 42 Barb., 75 ; Am. Bib. Soc. v. Hebbard, 51 Barb., 552, 570 ; Loder v. Hatfield, 71 N. Y., 92 ; House v. Agate, 3 Redf., 307 ; Drake v.

In re the Estate of Dettmer

178 Misc. 401 · New York Surrogate's Court · Apr 7, 1942

(See Bailey v. Buffalo L., T. & S. D. Co., 213 N. Y. 525 .) … (See Oliver v. Wells, 254 N. Y. 451 , where the Court of Appeals held that acceptance of gift carrying an obligation must be made within a time that is equitable in the light of all the circumstances.)

In re the Final Judicial Settlement of the Accounts of Van Doren

9 Mills Surr. 290 · New York Surrogate's Court · May 15, 1912

Brown v. Clark, 77 N. Y. 378 . … Brown v. Clark, supra. . How it came to pass that the name of Edward B. David appeared as a residuary legatee in the first duplicate, but not in the second, one can only conjecture.

In re the Construction of the Will of Miller

202 Misc. 763 · New York Surrogate's Court · Nov 20, 1951

In the Schofield case (supra) testator gave the residue of his estate “ to be divided equally among the following: Charles Brown, * * * George Race and Fannie Race, his wife, Howard C. … (Wright v. Wright, 225 N. Y. 329, 340 .)

In re the Judicial Settlement of the Account of Gilmore

127 Misc. 518 · New York Surrogate's Court · Jun 15, 1926

See, also, Lambert v. Craft ( 98 N. … (Matter of Everts [also entitled Matter of Stevenson], 86 Hun, 325 ; Marre v. Ginochio, 2 Bradf. 165 .) As to the conversation with regard to this alleged $100, the language of the court in Marre v.

In re the Estate of DeForest

172 Misc. 515 · New York Surrogate's Court · May 22, 1939

(Lafrinz v. Whitney, 233 N. Y. 107 ; Givens v. Whitney , Id. 665.) … Unlike the latter, the petitioner was furnished with a cottage on the estate where he and his wife resided and furnished table board for certain of the other employees.

In re Meeker

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

the benefit of Leverich Realty Corporation and the subsidiary companies; that he mil use his best endeavors to assist in raising further moneys for Leverich Realty Corporation; that he will accept the chairmanship of its board … is void against any subsequent purchaser or mortgagee of the same interest or any part thereof, in good faith and for a valuable consideration, whose conveyance or mortgage is first duly recorded. * * * ” It was held in Brown

In re the Estate of Goldman

158 Misc. 497 · New York Surrogate's Court · Feb 26, 1936

Y. 143, 145 ; Crawford v. Nassoy, 173 id. 163, 166 ; Sheldon v. Bliss, 8 id. 31, 34; Matter of Shonts, 191 App. Div. 427, 432 ; revd. on other grounds, 229 N. Y. 374 ; Matter of Barthel, 111 Misc. 727 ; affd., 192 App. … misapprehension of the executors in this regard is caused by a failure to appreciate the reasons underlying the results in such cases as Matter of Barnes ( 149 Misc. 149 ); Matter of Sitkin (151 id. 448), and Matter of Brown

In re the Estate of Denham

107 Misc. 71 · New York Surrogate's Court · Apr 15, 1919

Maze v. Brown, 2 Dem. 217 ; Bunnell v. Ranney, Id. 327 .

In re the Will of Pelton

190 Misc. 624 · New York Surrogate's Court · Nov 7, 1947

(Hone v. Van Schaick, 3 N. Y. 538 ; Matter of Farmers’ L. & T. Co., 189 N. Y. 202 ; Nelson v. Brown, 144 N. Y. 384, 391 .) Likewise technical or legal words must be given their ordinary meaning. … And in Liggett v.

In re the Final Judicial Settlement of the Accounts of Brown

4 Mills Surr. 162 · New York Surrogate's Court · Jan 15, 1904

In Lewin v. … In Scofield v.

In re Harris

4 Dem. Sur. 463 · New York Surrogate's Court · Jun 15, 1886

See Haskin v. Teller ( 3 Redf., 316 ); Wheelwright v. Wheelwright, 2 id., 501); U. S. Trust Co. v. Bixby ( 2 Dem., 496 ); Freeman v. Freeman ( 4 Redf., 211 ); Wheelwright v. Rhoades ( 28 Hun, 57 ); Hancox v. … . & B., 171; Ames v. Downing, 1 Bradf., 321, 334 ; Dougherty v. Van Nostrand, Hoff. Ch., 68; Franklin v. Robinson, 1 Johns. Ch., 158 ; Brown v. McFarland’s Ex’r., 41 Penn. St., 129).

In re the Estate of Waxman

129 Misc. 829 · New York Surrogate's Court · Jun 16, 1927

Y. 672 ; Bliven v. Seymour, 88 id. 469; Petrie v. Petrie, 7 Lans. 90 ; Stewart v. Chambers, 2 Sandf. Ch. 382; 2 David’s New York Law of Wills, 1633 et seq.; Brown v. Knapp, 79 N. … Surrogate Slater in his decision in Matter of Neil ( 117 Misc. 498 ) comprehensively reviews the authorities applicable since the leading English case of Lewin v. Lewin (2 Ves. Sen. 415 [1752]). He cites Petrie v.