Case law

In re the Estate of Barrett

141 Misc. 637 · New York Surrogate's Court · Sep 28, 1931

The disjunctive has its normal value when what is counted on to qualify it is indeterminate or neutral.” … The rule of presumption against intestacy or partial intestacy is here in conflict with another well-established and recognized rule of construction: “ Where a will is capable of two interpretations, that one should be adopted

Miller Structures, Inc. v. Indiana State Board of Tax Commissioners

748 N.E.2d 943 · Indiana Tax Court · Apr 24, 2001

The Court must first determine whether Miller has established a prima facie case that it is entitled to a kit building adjustment. … None of these pieces of evidence clearly identifies which models were used and this Court will not make Miller's case for it by trying to figure out which ones were used. See CGC Emters. v.

In re the Accounting of Guaranty Trust Co.

190 Misc. 328 · New York Surrogate's Court · Sep 9, 1947

S. 832), a finding that death occurred before the expiration thereof may be made where the facts clearly establish its occurrence in some identified disaster. (Connor v. … And. a finding of death may he made even though the proceeding in which such determination is sought is instituted prior to the expiration of the seven-year period, if the facts clearly establish that death occurred in some

In re the Estate of Ladew

183 Misc. 1020 · New York Surrogate's Court · Nov 25, 1944

The concept established by Matter of Coutts (supra) and Leask v. … The order of this court which qualified the successor trustees correctly describes them as such.

In re the Accounting of Mahoney

1 Misc. 2d 1072 · New York Surrogate's Court · Dec 20, 1955

The terms ‘ ‘ share in intestacy ’ ’ and ‘ ‘ intestate share ” have been clearly defined in Matter of Goldsmith ( 177 Misc. 298, 300 ) and Matter of Ittleson ( 197 Misc. 786, 788 ). … Taxes are then apportioned in accordance with the rules established by the Legislature (Decedent Estate Law, § 124).

Safety Test & Equip. Co., Inc. v. Am. Safety Util. Corp.

2015 NCBC 37 · North Carolina Business Court · Apr 23, 2015

The Court concludes that Plaintiff has not established a case against Curry that survives summary judgment. Curry is therefore entitled to have all claims against him dismissed. … May 16, 2005) (dismissing civil conspiracy claim against corporation and its agents under intracorporate immunity doctrine).

Opinion No. (2005)

Oklahoma Attorney General Reports · Aug 15, 2005

The court struck down legislation directing all agencies, including the Board of Regents, to increase employee salaries, declaring that "determination of faculty salaries is clearly an integral part of the power to govern … We note the court's acknowledgment in Baker that "constitutionally assured independence cannot be equated with complete immunity for [sic] legislative regulation." Baker, 638 P.2d at 469 .

Valley Bank of Nevada v. Bank of Commerce

74 Misc. 2d 195 · Civil Court of the City of New York · Apr 11, 1973

not qualify as a mistake of fact. (441ST. … The basic rule was clearly formulated long ago by the Court of Appeals in National Bank of Commerce in N. Y. v. National Mechanics Banking Assn. of N. Y. ( 55 N.

First National Bank v. Department of Revenue

6 Or. Tax 209 · Oregon Tax Court · Oct 24, 1975

The general principle is well established that the rights of parties under an inheritance tax statute are determined as of the date of the death of the decedent without any power of the legatees by their acts to affect [sic … One must conclude that the situation presented in the present case is not clearly adverted to by the provisions of ORS 118.005 et seq., and the determination of the question before the court must be based on general principles

In re the Estate of Hayden

141 Misc. 644 · New York Surrogate's Court · Apr 15, 1931

If both are qualified it then becomes the duty of the surrogate to elect between them and to appoint the one qualified to render the more efficient service. … This clearly indicates their confidence in him. If it is true that with Mr. Cornwall’s appointment he and Mr.

Batey, Christopher v. Deliver This, Inc.

2017 TN WC 156 · Tennessee Court of Workers' Compensation Claims · Aug 18, 2017

Law clearly and convincingly testified that he permanently restricted Mr. Batey's activities and increased his impairment rating when, after the passage of several months, he concluded that Mr. … Law establishing his inability ''to perform [his] pre-injury occupation," meaning Dr. Law must certify that Mr.

In re the Estate of Stelma

25 Misc. 2d 234 · New York Surrogate's Court · Apr 12, 1960

The administratrix was not a qualified witness because she was interested in the event. (Civ. Prac. Act, § 347.) … The testimony does not clearly reveal an intent to revoke the trust. The acts and conversations of the decedent are equally consistent with an intent to preserve the trust but to subject the fund to certain expenses.

Young Fehlhaber Pile Co. v. State

177 Misc. 204 · New York Court of Claims · Sep 23, 1941

The State admits the facts, but claims immunity under the contract provision relating to the inspection of site and that “ he will make no claim against the State by reason of the estimates, tests or representations of any … It represented to the •bidder and successful contractor a clearly defined physical condition and must be bound by the consequences, however costly and unpleasant they may be.

Alexandria Township v. Orban

21 N.J. Tax 298 · New Jersey Tax Court · May 4, 2004

Pio Costa did not hold that the land was qualified for farmland in 1997. … The judge in Pio Costa did not consider the language of N.J.A.C. 18:15-6.2(a)(6) which clearly requires a written approved woodland management plan.

Question Submitted by: The Honorable Mike Osburn, Oklahoma House of Representatives, District 81

2024 OK AG 12 · Oklahoma Attorney General Reports · Aug 21, 2024

A legislative act is presumed to be constitutional and will be upheld "unless it is clearly, palpably and plainly inconsistent with fundamental law." Taylor v. State and Educ. Employees Group Ins. … Garner, Reading Law: The Interpretation of Legal Texts 147 (2012) (Series-Qualifier Canon).

New Jersey Turnpike Authority v. Township of Monroe

28 N.J. Tax 158 · New Jersey Tax Court · Jul 2, 2014

For tax year 2010, the Subject was assessed as farmland qualified pursuant to the Farmland Assessment Act of 1964 (the “FA-Aet”). … N.J.S.A. 13:8C-2 where the legislative findings reflect that the GSPTA was enacted pursuant to a “need to establish a program to serve as the successor to the programs established by” several Green Acres laws, including,

Paulino v. Motor Vehicle Accident Indemnification Corp.

196 Misc. 2d 887 · Civil Court of the City of New York · Aug 11, 2003

However, while Dulce Paulino is clearly a “financially irresponsible motorist” as defined in Insurance Law § 5202 (j), as a resident of the state she fits within the definition of “qualified person.” … , or the identity of the operator, who was operating the motor vehicle without the owner’s consent, cannot be established * * Here, the petitioners allege that a person that identified herself as Maria Gonzalez gave a fictitious

Results, Inc. v. Secy. of State

52 Ohio Misc. 15 · Ohio Court of Claims · Jan 7, 1977

. * * *” Although the first two paragraphs of this quotation sound fairly sweeping, closer examination of the opinion reveals that immunity is not retained for every act relating to the regulation of business any more than … Hughes [1942], 378 Ill. 413, 422-423 ), and thus is not subject to the rule that statutes exercising the police power for the benefit of the general public establish no duty of care to any particular individual.

In re the Estate of Lyons

13 Misc. 2d 287 · New York Surrogate's Court · May 8, 1958

This section clearly refers only to the power of a trustee to invade the principal of a trust in favor of himself (Matter of Peabody, 277 App. Div. 905 ). … It is well established that when the acts of trustees call for the exercise of discretion and judgment, the concurrence of all trustees is necessary. (Cooper v. Illinois Cent. R. R. Co., 38 App. Div. 22 , 28; Fritz v.

In re the Estate of Miller

48 Misc. 2d 815 · New York Surrogate's Court · Dec 28, 1965

That is clearly no basis for disqualifying him as executor. Executors frequently have personal claims against the estate and there are specific statutory provisions covering that situation. … An executor is prohibited from passing upon his own debt or claim and must establish it before the Surrogate and obtain judicial approval for its payment (Surrogate’s Ct.