Case law

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.

Feeling Great, Inc. v. N.C. Dep't of Revenue

2015 NCBC 81 · North Carolina Business Court · Aug 20, 2015

Without offering any explanation as to why the specific website at issue does not qualify for judicial notice, the Department's exception to that Finding of Fact fails. 10 The Court notes that, although the website … Unlike prescriptions for testing, these prescriptions clearly and specifically prescribe a sale of equipment and supplies.

Buccina v. Department of Revenue

17 Or. Tax 456 · Oregon Tax Court · Jul 25, 2003

In order for taxpayers to succeed in their claim they must establish Oregon as June’s tax home. … OAR 150-316.027(l)(a) (1998). 3 June clearly abandoned California as her domicile when she retired and moved to her new home in Oregon.

High Desert Wildlife v. Deschutes County Assessor

Oregon Tax Court · Aug 12, 2016

“The purpose of the transfer was to establish a wildlife rehabilitation station on Mr. Aspel’s 1 This Final Decision incorporates without change the court’s Decision, entered July 25, 2016. … requires both legal and equitable title for the property owner to qualify for a tax exemption.”

Licitra v. Gateway, Inc.

189 Misc. 2d 721 · Civil Court of the City of New York · Oct 18, 2001

holdings as being applicable, if the defendant, as a term and condition of filing a claim, required the consumer to sing “O Sole Mio” in Yiddish while standing on his or her head in Macy’s window, only Mandy Patinkin would qualify … Clearly, that situation is distinguishable from this fact pattern, where an individual consumer is seeking to invoke the protection of the small claims procedure.

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

Cooley v. Buie

291 S.W. 876 · Texas Commission of Appeals · Feb 23, 1927

The burden of proof established by a preponderance of the evidence rested upon them to establish the truth of the matters upon which they base their prayer for cancellation and the investure of titie in them and the divesture … After a trustee shall have been appointed and qualified and has taken possession of the assets of the bankrupt, the preliminary proceedings are before a referee.

Slade v. Albemarle forest/evans Lumber

North Carolina Industrial Commission · May 8, 2003

David Pearsall was qualified by stipulation of the parties as an expert in General Surgery. Based on the testimony of Dr. … Plaintiff is clearly at increased risk for future abdominal injury, and the internal surgical lesions pose risk during any future surgery. 24.

Dale Engineering Co. v. State

114 Misc. 233 · New York Court of Claims · Jan 15, 1921

This principle of law is clearly stated by Judge Rapallo in Cole v. State of New York, 102 N. Y. 51 . … It simply submits them to the arbitrament of the board of claims, a judicial body established for the purpose of passing upon claims against the State.

Balmer v. Township of Holmdel Docket No. 014488-2015

New Jersey Tax Court · Dec 10, 2019

In addition, both the New Jersey Constitution and N.J.S.A. 54:4-23.8 clearly and unambiguously state that a previously qualified land not being used for agricultural use will be subject to rollback taxes. N.J. … The Legislature makes clear that a previously qualified property that is no longer in agricultural use establishes a change in use that will incur rollback taxes.

Opinion No. (2004)

Oklahoma Attorney General Reports · Dec 15, 2004

Where a provision is not self-executing the Legislature may act to implement the Constitution, and may qualify, construe or extend its provisions. See Indep. Sch. Dist. No. 9 v. Glass, 639 P.2d 1233 , 1238 (Okla. 1982). … But a member of the Board clearly exercises considerable control over DEQ's financial activities by virtue of oversight of the DEQ budget request to the Governor, by establishing DEQ policies (and programs) through rulemaking

Sunshine Biscuits, Inc. v. Borough of Sayreville

4 N.J. Tax 486 · New Jersey Tax Court · Aug 2, 1982

However, property does not qualify as a specialty where it possesses certain features which, while rendering the property suitable to the owner’s use, are not truly unique. Dworman v. … Chapter 123 simply provides that a taxpayer may not rely on its terms to establish discrimination in the year of a reassessment, but this does not preclude an attempt to establish discrimination by other proofs.

In re Southern Gulf Utilities, Inc.

42 Fla. Supp. 44 · Florida Public Service Commission · Mar 25, 1975

He was also of the* opinion that the utility employed too few qualified operators. He testified that the water being provided met state standards. … This program will establish priorities for items requiring correction and will designate whether or not they are to be made by the utility’s own forces or by outside work forces.

Turlington v. US Airways, Inc.

North Carolina Industrial Commission · Nov 28, 2005

US Airways, Inc. was the duly qualified employer at the time of the alleged incident. 4. Plaintiff's date of injury was April 25, 1995. 5. Plaintiff's compensation rate is $478.00. 6. … Although the record does not clearly indicate when Dr. Garner took Plaintiff out of work; on July 31, 2002, Dr. Garner returned the Plaintiff to work effective August 4, 2002, with the same restrictions.

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

Centennial Medical Group, Inc. v. Douglas County Assessor

Oregon Tax Court · Jun 6, 2014

Once the determination for eligibility for Financial Assistance has been established (25%, 50%, 75% or 100%), that percentage will be applied to the outstanding balance at that time. … All preventative care (Complete Physical Exams, Sports Physicals, immunizations, etc.)

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.

Department of Professional Regulation v. Furman

29 Fla. Supp. 2d 192 · State of Florida Division of Administrative Hearings · Nov 30, 1987

In short, the Respondent clearly wanted to care for his wife property, yet he did not deign to consult other physicians about her case. … nor has it been established, concerning Mrs.

McDade, Derrick v. Labor Ready

2016 TN WC 13 · Tennessee Court of Workers' Compensation Claims · Jan 25, 2016

This mechanism of injury clearly meets the statutory definition of an "accidental injury" under Tennessee Code Annotated § 50-6-102(14)(A). However, in order for Mr. … McDade's injuries recommended referral to an orthopedic surgeon who is qualified to treat back injuries. (Ex. 8 at 12-3, 30.)