Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York: With Annotations, Volume 17W. C. Little & Company, 1919 |
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Results 1-5 of 33
Page 1
... CITATION UPON UNKNOWN CREDITORS - WHEN ORIGINAL ISSUES WILL NOT BE RETRIED - DECEPTION PRACTICED UPON COURT BY WITH- HOLDING FACTS - APPEAL - ISSUES NOT RAISED BEFORE SURROGATE - SER- VICE OF CITATION BY PUBLICATION . Where the Court of ...
... CITATION UPON UNKNOWN CREDITORS - WHEN ORIGINAL ISSUES WILL NOT BE RETRIED - DECEPTION PRACTICED UPON COURT BY WITH- HOLDING FACTS - APPEAL - ISSUES NOT RAISED BEFORE SURROGATE - SER- VICE OF CITATION BY PUBLICATION . Where the Court of ...
Page 2
... citation issued by the Surrogate's Court . Such citation is required to be published once in each of six successive weeks by section 2524 of the Code of Civil Pro- cedure , and service is good where there was a publication in each of ...
... citation issued by the Surrogate's Court . Such citation is required to be published once in each of six successive weeks by section 2524 of the Code of Civil Pro- cedure , and service is good where there was a publication in each of ...
Page 3
... citation . " The appellants did not enter the judgment upon the remittitur , and the re- spondent made a motion to compel such entry , and thereupon , on an order to show cause , the administratrix and the heirs , the appellants , asked ...
... citation . " The appellants did not enter the judgment upon the remittitur , and the re- spondent made a motion to compel such entry , and thereupon , on an order to show cause , the administratrix and the heirs , the appellants , asked ...
Page 4
... citation was published once in each week for six successive weeks , relying upon Market National Bank v . Pacific National Bank ( 89 N. Y. 397 ) . No other objection to the regularity of the service of the citation is sug- gested . That ...
... citation was published once in each week for six successive weeks , relying upon Market National Bank v . Pacific National Bank ( 89 N. Y. 397 ) . No other objection to the regularity of the service of the citation is sug- gested . That ...
Page 5
... citation was properly served or not ; that was a question which must in the first instance be submitted to the surrogate . The decision of the surrogate recites , referring to the citation issued after the decision of the Court of ...
... citation was properly served or not ; that was a question which must in the first instance be submitted to the surrogate . The decision of the surrogate recites , referring to the citation issued after the decision of the Court of ...
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Common terms and phrases
action administrator affirmed alleged amount Appellate Division application attorney beneficiary bequeath bequest citation Civil Procedure claim Code of Civil codicil commissions common law Company construed contingent counsel daughter death deceased decedent decedent's decree defendant determined devise died directed distribution domicile dower duties entitled evidence execution executors and trustees fact filed Freeborn G gift guardian held husband income infant intention interest intestate invest issue judgment judicial settlement jury legacy legatee letters testamentary Mahlon Hoagland marriage Matter McDowell Misc mortgage nieces paid parties payment personal property petition petitioner plaintiff probate proceeding proof provision question real estate real property Real Property Law remainder res adjudicata residence residuary estate respondent rule share statute Supreme Court surrogate Surrogate's Court surviving testament testamentary testator's testatrix thereof tion transfer tax trial trust fund valid vested widow wife William Ziegler York York County
Popular passages
Page 200 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 159 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just...
Page 383 - All the rest, residue and remainder of my estate, I give, devise and bequeath to my...
Page 183 - From such report and other proof relating to any such estate before the surrogate, the surrogate shall forthwith, as of course determine the cash value of all estates and the amount of tax to which the same are liable; or the surrogate may so determine the cash value of all such estates and the amount of tax to which the same are liable, without . appointing an appraiser.
Page 211 - ... or to any person taxable at a rate less than the rate imposed and paid, such person or corporation shall be entitled to a return of so much of the tax imposed and paid as is the difference between the amount paid and the amount which said person or corporation should pay under the provisions of this article, with interest thereon at the rate of three per centum per annum from the time of payment.
Page 350 - Taxes upon the transfer of any estate, property or interest therein limited, conditioned, dependent or determinable upon the happening of any contingency or future event by reason of which the fair market value thereof cannot be ascertained at the time of the transfer, as herein provided, shall accrue and become due and payable when the persons or corporations beneficially entitled thereto shall come into actual possession or enjoyment thereof.
Page 199 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof...
Page 198 - Every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Page 198 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct.
Page 197 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...