Case law

In re the Estate of Frick

116 Misc. 488 · New York Surrogate's Court · Sep 15, 1921

He resided at various places in the state until 1879 when he established his home in Pittsburgh. In 1881 he was married there. … It is clearly apparent that Mr. Frick never abandoned his Pennsylvania domicile. Ordered accordingly.

Florida Ass'n of Nurse Anesthetists v. Department of Professional Regulation

21 Fla. Supp. 2d 239 · State of Florida Division of Administrative Hearings · Mar 14, 1986

Since general dentists without further training in anesthesia are not qualified to administer general anesthesia in their dental office, or treat resulting medical emergencies, they are also not qualified to supervise the … A party challenging the facial validity of rules must show that the agency’s interpretation of a statute it is charged with implementing is clearly erroneous or unauthorized.

People v. Walters

30 Misc. 3d 737 · New York Family Court · Dec 8, 2010

conclusion is inescapable and the invalidity of the act is apparent on its face” (citations omitted)]; People v Brian L., 17 Misc 3d 724, 729 [Watertown City Ct 2007] [a court should not strike down a statute unless it is clearly … In this case, constitutional questions are unavoidable. *740 IL The issues to be considered stem primarily from the State’s failure to establish determinate ignition interlocking costs.

In re the Estate of Israel

166 Misc. 156 · New York Surrogate's Court · Feb 7, 1938

The executors who were named in the will and who qualified were a sister of the decedent, a cousin, a relative of the latter and an attorney who had represented the testator in his lifetime. … They were sold shortly after they qualified. Apparently the funds produced were diverted to the payment of legacies.

In re the Accounting of Page

192 Misc. 881 · New York Surrogate's Court · Aug 31, 1948

If there had been, clearly this would have amounted to an unlawful suspension of the power of alienation and the Coit and Poster trusts would necessarily have abated to this extent. … Under the laws of this State, as established in Matter of Walbridge ( 178 Misc. 32 ) inasmuch as the trustee named in the will of Emily S.

Addison Whitney, LLC v. Cashion

2020 NCBC 48 · North Carolina Business Court · Jun 10, 2020

Apart from the privilege objection, Miller asserts overbreadth and work-product immunity. … Addison Whitney again asserts work-product immunity. (See Pl.’s Opp’n 19.)

In re the Estate of Umpleby

43 Misc. 2d 932 · New York Surrogate's Court · Aug 4, 1964

Upon the death of my wife, jessie h. umpleby, if she shall survive me, or upon my death, if my wife, jessie nt. umpleby, shall predecease me, I give, devise and bequeath the remaining principal of the trust hereinabove established … It seems to the court that decedent’s will quite clearly states the method to be followed to determine the value of the direct bequest decedent made to his wife by article seventh.

In re the Estate of Goldman

4 Misc. 2d 31 · New York Surrogate's Court · May 4, 1956

None of the life insurance proceeds qualified for the marital deduction. One half of the adjusted *34 gross estate would be $341,733.86. … The testator’s actual intent in respect of his wife’s maintenance and support is clearly expressed in the ninth paragraph of the will.

Midrex Techs., Inc. v. N.C. Dep't of Revenue

2015 NCBC 88 · North Carolina Business Court · Oct 7, 2015

The hands-on work could include, inter alia, installation and re-wiring of electrical equipment, hauling mortar, and performing repairs and modifications to equipment in the Midrex Plant.22 The record does not clearly reflect … contractor-type establishment."

Mt. Hope Mining Co. v. Township of Rockaway

8 N.J. Tax 570 · New Jersey Tax Court · Oct 29, 1986

East Orange is clearly the only opinion of the two that fully explored the meaning of the word “devoted” in arriving at a dominant use test. … In light of the foregoing, I conclude that plaintiff has established its entitlement to farmland assessment for tax year 1984.

Opinion No. (1993)

Oklahoma Attorney General Reports · Apr 30, 1993

TITLE 2 O.S. 104 (C) REQUIRES THAT THE DIRECTORS BE ELECTED AT MASS MEETINGS OR CONVENTIONS OF QUALIFIED ELECTORS OF EACH OF THE COMMISSIONERS' DISTRICTS IN SAID COUNTY. … CLEARLY THEN, THESE FUNDS ARE PUBLIC IN NATURE, OLUSTEE CO-OPERATIVE ASSOCIATION V.

In re the Estate of Orenstein

74 Misc. 2d 288 · New York Surrogate's Court · Jun 7, 1973

The petitioner agrees that this joint account qualifies as a “ testamentary substitute ” (EPTL 5-1.1, subd. [b], par. [1], cl. [B]). … There, he mentions the education of his grandchildren 1 ‘ whether primary, secondary, college, graduate, professional or trade ”, In addition, invasion is to be considered for establishing these same grandchildren in a business

In re the Estate of Jadwin

58 Misc. 2d 809 · New York Surrogate's Court · Jan 8, 1969

All the powers, duties, privileges and immunities herein conferred or imposed upon the executors and trustees herein specifically named shall devolve upon their survivor, legal successor or successors.” … Brush lived all assets exceeding 30 million dollars were collected, all general legacies except one were paid, assets were appraised, most debts paid, reserves for taxes and expenses were established, $80,000 was paid on

Webb v. N.C. Department of Correction

North Carolina Industrial Commission · Aug 31, 2010

"It is well established that if a complaint is filed without Rule 9(j) certification, Rule 9(j) mandates that the trial court grant a defendant's motion to dismiss." Ford v. … Summary judgment is a drastic remedy that should be granted cautiously only where the moving party is clearly entitled to judgment as a matter of law. N.C. Gen.

Kalishman v. Department of Revenue

8 Or. Tax 440 · Oregon Tax Court · Nov 6, 1980

That the income limitations of ORS 308.372 should be waived for pre-mature [sic] perennial crops if the property otherwise qualifies under ORS 215.203. "9. … It is a long-established rule of statutory construction that words of common use are to be given their natural, plain and obvious meaning. Blalock v.

In re the Accounting of Langdon

182 Misc. 84 · New York Surrogate's Court · Jul 1, 1943

Delavan trust in the secondary trust established for the benefit of Andrew Langdon in paragraph “ Ninth ” would constitute a violation of the rule against perpetuities. … Can it be said that these remaindermen whose rights are clearly thus subordinate to the primary or individual remaindermen should take under paragraph “ Seventh ” to the exclusion of the latter, whose rights are clearly preferred

Square 74 Associates LLC v. Marion County Assessor

Indiana Tax Court · Dec 3, 2019

must demonstrate to the Court that the Indiana Board’s final determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity … Square 74 also relies on the provision regarding real estate taxes: [Square 74] shall pay and discharge, or cause the [qualified sublessees] to pay and discharge, as when the same become due

In re Pocono Haven Truck Plaza

58 Pa. D. & C.2d 18 · Pennsylvania Environmental Hearing Board · Nov 14, 1972

Although it is clear that appellant’s proposal does not qualify as a comprehensive water quality program, there is, on the other hand, an immediate necessity to abate existing pollution and health hazards in the area of the … Any limitations on this basic freedom should be construed with due regard for this principle, and it obviously must yield where clearly necessary for the good of the society as a whole. *22 In this case, Walter Sudu, owner

Maynard v. King

906 A.2d 849 · Delaware Family Court · Jun 19, 2006

Piper, also a very qualified appraiser, had similar difficulty appraising this property. He valued the subject property at $150,000 as of December 14, 2005. … Furthermore, the parties are to continue to make payment on any of their outstanding debts established as of the trial date until paid off upon sale of the real estate, with wife responsible for 60% of the debt and husband

Liss v. Manuel

58 Misc. 2d 614 · Civil Court of the City of New York · Dec 30, 1968

Since the suspension, the stock has never been traded, and in the opinion of a qualified expert it has utterly no value today. … The burden is on the defendant to demonstrate that a contract which on its face clearly establishes liability is not to be given legal sanction by a court. (Bibb v. Allen, 19 U. S. 481 ; Springs v. James, 137 App.