Case law

Division of Family Services v. J.V.J.

820 A.2d 516 · Delaware Family Court · Jan 8, 2003

Therefore, the T. cannot qualify *520 as permanent guardians under Sections 2850 through 2359. … However, these limitations do not eliminate them from qualifying to be guardians of the children under Sections 2830 through 2340.

Opinion No. 72-253 (1972) Ag

Oklahoma Attorney General Reports · Jan 12, 1973

** Summary ** WATER RESOURCES BOARD AUTHORITY TO ESTABLISH RESTRICTIONS UNDER PERMITS GRANTED The Oklahoma Water Resources Board has the authority to establish time restrictions on the use of water under a validly granted … This particular portion of the statute clearly grants great latitude to the Board in their determination of water rights applications.

Curtis M. v. State of New York

2023 NY Slip Op 23419 · New York Court of Claims · Nov 27, 2023

Applying these principles to the matter at bar, the claimant has sufficiently established grounds for renewal of the prior Decision & Order dated April 11, 2022. … Although the Court of Claims granted the State's prior motion because the claimant did not adequately plead the "time when" the Claim arose ( see M. v State, supra ), the Appellate Division's decisions in Fenton and Meyer clearly

In re the Accounting of Dreyfus

188 Misc. 1030 · New York Surrogate's Court · Dec 18, 1945

A trustee named by the donee must qualify and administer the-trust in the estate of the donor. (Matter of Walbridge, supra; Matter of Bradford, supra; Matter of Phelps, 45 N. Y. S. 2d 621, 624; Matter of Walker, 53 N. … The meaning and purpose of subdivision 3 of section 285-a' have been very clearly stated by Mr. Surrogate Foley in Matter of Edwards ( 183 Misc. 1014 ) and by Mr.

Trexler v. Ruddick Corp./harris Teeter

North Carolina Industrial Commission · Sep 15, 2004

As with any retail grocery establishment, some days were busy while others were not. 3. … However, the competent evidence in the record clearly establishes it was not the responsibility of the cashiers to clean these coolers. 20.

In re the Estate of Williams

148 Misc. 14 · New York Surrogate's Court · Jun 8, 1933

The Chemical Bank and Trust Company is the successor by merger to the United States Mortgage and Trust Company of New York, and with Belle Graham Williams duly qualified as one of the executors herein. … The exception to that rule is clearly stated in Matter of Albertson ( 113 N.

Tyler County State Bank v. Shivers

6 S.W.2d 108 · Texas Commission of Appeals · May 16, 1928

Most, if not all, of these cases, however, have been overruled or clearly limited or qualified, and the fully ac *110 cepted rule at the present time is that it must appear that the trust property or its proceeds have found … But this is clearly contrary to the doctrine of constructive trusts.

Shaw v. United States Fidelity & Guaranty Co.

48 S.W.2d 974 · Texas Commission of Appeals · Apr 21, 1932

Defendant in error thereupon instituted this suit to establish such claim as entitled to preferential payment out of the assets of said bank. … one that is adapted to the circumstances, conditions, and necessities of the people because essential to sustain the public burdens and discharge the public debts, and unless some provision of statute can be found which clearly

In re Airport Commuter Service

35 Fla. Supp. 198 · Florida Public Service Commission · Jun 15, 1971

When this point is reached in the allocation of the burden of proof it becomes the responsibility of a protestant to establish its ability to render the service. … The record of the hearing in this application clearly indicates that the applicant is neither financially nor from an experience standpoint able to provide the service proposed.

Opinion No. 68-113 (1968) Ag

Oklahoma Attorney General Reports · Jun 24, 1968

Under Section 10 ( 60 O.S. 175 .10 [ 60-175.10 ] (1961)) the Trustee may deposit funds with itself only "pending investment, distribution, or to pay debts" which clearly implies that such funds are at all times instantly … Not being otherwise directed, it appears that Section 161 establishes the general guidelines for the investment of the trust res.

In re the Transfer Tax Upon the Estate of Watson

104 Misc. 212 · New York Surrogate's Court · Jul 15, 1918

The act here under discussion likewise fails to establish a general classification. … As this court is one of first resort, the constitutionality of the act would ordinarily be presumed, but the statute so clearly offends against the provisions of the Constitution that I am constrained to sustain the appeal

Sutherland v. State

189 Misc. 953 · New York Court of Claims · Feb 7, 1947

He duly qualified as such administrator, and since that date has been acting as such. … Its consent must waive not only its immunity from being sued at all, but also its immunity from liability.

Gielskie v. State

18 Misc. 2d 508 · New York Court of Claims · Aug 17, 1959

It becomes my task to decide whether or not they establish a cause of action. … The State’s role in this instance is clearly distinguishable from its part in two fairly recent cases relied upon by the Attorney-General to defeat recovery herein. In Parker v. State of New York ( 280 App.

In re the Estate of Baffa

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

. ' It is still the law of this State that where a grant is made to husband and wife without any words specially prescribing, qualifying or characterizing the kind or quality of the estate which each shall take, the grantees … As she has held the record title to the Macon street property since 1921, decedent’s heirs at law have, of course, no claim thereto, and since her status as his wife was clearly established, she is entitled to dower in the

In re the Construction of the Will of Moore

13 Misc. 2d 640 · New York Surrogate's Court · Aug 22, 1958

Y. 281 ), where words expressive of a wish or desire have been interpreted as mandatory, the intention of the testator had been clearly manifested. … Both of the brothers named in article “thirty-fifth” of the will predeceased the testatrix survived by issue who qualify as distributees of the testatrix.

Trump Indiana, Inc. v. Indiana Department of State Revenue

790 N.E.2d 192 · Indiana Tax Court · Jun 16, 2003

Tax Ct.2000) (holding that to qualify for the exemption, the movement, transportation, or carrying must be for consideration), review denied. … The Department, on the other hand, argues that the penalty is warranted because Trump failed to pay sales or use tax on items clearly subject to those taxes.

State ex rel. Dann v. Tabacalera Nacional, S.A.A.

2012 Ohio 5300 · Ohio Court of Claims · Mar 16, 2012

As such, Tanasa was required by R.C. 1346.02 either to participate in a 1998 Master Settlement Agreement (MSA) or to make deposits into a “qualified escrow fund” (escrow fund). … The award of attorney fees against the state where the state has breached a settlement agreement is consistent with both the policy favoring settlement and the waiver of state’s waiver of immunity pursuant to R.C.

Town of St. John v. State Board of Tax Commissioners

730 N.E.2d 240 · Indiana Tax Court · Jun 16, 2000

Third, Mon-trust’s litigation has clearly benefited a large class: all Montana citizens interested in Montana’s public schools.... … The Indiana Tort Claims Act [ITCA], Ind.Code Ann, §§ 34-13-3-1 to 25 (West 1999), was enacted as a response to the Campbell opinion and "established extensive immunity provisions which shield governmental units from [tort

City of New Brunswick v. Rutgers Community Health Plan, Inc.

7 N.J. Tax 491 · New Jersey Tax Court · Jul 23, 1985

As Title 26 clearly shows the Legislature is fully aware of the differences in health care facilities. … Of course these organizations must meet all of the necessary requisites under § 3.6 in order to qualify for exemption.

Opinion No. 75-161 (1975) Ag

Oklahoma Attorney General Reports · Oct 21, 1975

Under both Section 8 and Section 12 of the Oklahoma Enabling Act, grants are made by the United States to the State of Oklahoma for the use and benefit of the "Colored Agricultural and Normal University," which was established … addition, following the grants in Section 8, it is expressly provided that the beneficiary educational institutions shall remain under the exclusive control of the State, and the express language of this section and Section 12 clearly