Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 39Lawyers Co-operative Publishing Company, 1903 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Page 66
... intention , free , voluntary , and original and it is incumbent upon the proponents to show affirmatively that it is then it should be admitted to probate as a valid will . If , however , it expresses merely an intention which has been ...
... intention , free , voluntary , and original and it is incumbent upon the proponents to show affirmatively that it is then it should be admitted to probate as a valid will . If , however , it expresses merely an intention which has been ...
Page 70
... in body and intellect from exercising his own desire and intention . For the reasons stated the probate of the proposed will is denied . Probate denied . Misc . ] Surrogate's Court , New York County , 70 MATTER OF ELSTER .
... in body and intellect from exercising his own desire and intention . For the reasons stated the probate of the proposed will is denied . Probate denied . Misc . ] Surrogate's Court , New York County , 70 MATTER OF ELSTER .
Page 75
... intention on the part of the administrator to raise other issues than that of simple payment . The general powers of a court of equity do not belong to a Surro Surrogate's Court , Rensselaer County , October , 1902. [ MATTER OF WAIT . 75.
... intention on the part of the administrator to raise other issues than that of simple payment . The general powers of a court of equity do not belong to a Surro Surrogate's Court , Rensselaer County , October , 1902. [ MATTER OF WAIT . 75.
Page 91
... intention of the testator as manifested by the entire contents of the will must prevail . Artificial rules of construction may not be resorted to daughter by this clause takes an The rule of construction of wills Supreme Court , October ...
... intention of the testator as manifested by the entire contents of the will must prevail . Artificial rules of construction may not be resorted to daughter by this clause takes an The rule of construction of wills Supreme Court , October ...
Page 92
... intention be uncertain , such rules being allowed only to enable the intention to be spelled out by their aid when it is uncertain upon a reading of the whole will ( Smith v . Bell , 6 Peters , 68 ; Matter of James , 146 N. Y. 78 ...
... intention be uncertain , such rules being allowed only to enable the intention to be spelled out by their aid when it is uncertain upon a reading of the whole will ( Smith v . Bell , 6 Peters , 68 ; Matter of James , 146 N. Y. 78 ...
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Common terms and phrases
affidavit affirmed agreement alleged amended American Tobacco Company amount answer Appellate Term application assessment bank bond Burden Iron cause of action certificate chap charge Chautauqua County Civil Procedure claim Code of Civil commissioners complaint construction contract corporation costs counsel creditors death debt debtor deceased decedent December decree deed defendant defendant's demurrer entitled evidence ex rel execution executors fact filed fund granted held interest issue January judgment judgment debtor jurisdiction jury Kings County lease liability lien Liquor Tax Matter ment Misc mortgage motion November October Oneida County Otsego County owner paid parties payment person plaintiff pleaded premises present proceeding provisions question real estate reason received recover reference Rensselaer County respondent rule sewer statute street Supreme Court surety Surrogate's Court Tax Law testator thereof tion trial trust York County York Special Term
Popular passages
Page 578 - I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Page 764 - ... 3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his last will and testament.
Page 30 - Russian-American territory, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and, also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof,...
Page 190 - ... with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration...
Page 783 - ... denying generally the allegations, or specifically any material allegation of the petition, or setting forth a statement of any new matter constituting a legal or equitable defense, or counter-claim. Such defense or counter-claim may be set up and established in like manner as though the claim for rent in such proceeding was the subject of an action, f AM'D BY CH.
Page 804 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 666 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings, against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 811 - A party aggrieved may appeal, in a case prescribed in this chapter, except where the judgment or order, of which he complains, was rendered or made upon his default.
Page 138 - Whenever any person or corporation shall exercise a power of appointment derived from any disposition of property made either before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will...
Page 40 - Where it appears, from the complaint, that the plaintiff demands, and is entitled to a judgment against the defendant, restraining the commission or continuance of an act, the commission or continuance of which, during the pendency of the action, would produce injury to the plaintiff, an injunction order may be granted to restrain it.