Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York: With Annotations, Volume 16W. C. Little & Company, 1919 |
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Results 1-5 of 85
Page 22
... Counsel for the petitioner having stated to the court that he was prepared to offer additional testimony concerning the exist ence of the alleged will referred to in the petition herein . " It is claimed by the appellant that the order ...
... Counsel for the petitioner having stated to the court that he was prepared to offer additional testimony concerning the exist ence of the alleged will referred to in the petition herein . " It is claimed by the appellant that the order ...
Page 35
... counsel . The questions as submitted to the jury were as follows : " 1. Was the testator at the time of the execution of the will in question of sound mind and memory ? " 2. Was the execution of the will in question procured by undue ...
... counsel . The questions as submitted to the jury were as follows : " 1. Was the testator at the time of the execution of the will in question of sound mind and memory ? " 2. Was the execution of the will in question procured by undue ...
Page 57
... counsel for the respondent , although not in har- mony with the views here expressed , are distinguishable on the ground that those actions were not brought for an accounting , and the decision in one of them was placed on the ground ...
... counsel for the respondent , although not in har- mony with the views here expressed , are distinguishable on the ground that those actions were not brought for an accounting , and the decision in one of them was placed on the ground ...
Page 60
... Counsel for appellant contends that some of the findings favorable to respondent should be reversed and new findings favorable to appellant made , and counsel for respondent claims that certain findings favorable to apepllant should be ...
... Counsel for appellant contends that some of the findings favorable to respondent should be reversed and new findings favorable to appellant made , and counsel for respondent claims that certain findings favorable to apepllant should be ...
Page 62
... counsel for the respondent argues that those findings should be reversed on the ground that the evidence does not sustain them . We think this contention is well founded . There is no competent evidence that these payments were made by ...
... counsel for the respondent argues that those findings should be reversed on the ground that the evidence does not sustain them . We think this contention is well founded . There is no competent evidence that these payments were made by ...
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action administrator administratrix alleged amount Appellate Division application appraiser attorney Bank beneficiaries bequeathed Bronx County brother Civil Procedure claim claimant clause Code Civ Code of Civil codicil common law construed contested probate counsel death deceased decedent decedent's Decreed accordingly defendant devise died directed distribution domicile entitled Estate Law evidence execution executors and trustees exercised fact filed held income infants intention interest intestacy intestate invested issue judgment judicial settlement jury trial legacy legatees Matter McCahill Misc mortgage motion nieces paid paragraph party payment personal property petition petitioner plaintiff power of appointment probate proceeding question real estate remaining res adjudicata residence residuary estate respondent rule share sister special guardian statute supra Supreme Court surrogate Surrogate's Court testament testamentary testator's testatrix testimony therein thereof tion transfer tax trial by jury trust fund verdict widow wife William York County
Popular passages
Page 455 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration, such as delivery of the pass book or notice to the beneficiary.
Page 388 - States, or elsewhere, or hereafter docketed pursuant to the provisions of section thirty hundred and seventeen of this act, is presumed to be paid and satisfied, after the expiration of twenty years from the time when the party recovering it was first entitled to a mandate to enforce it. This presumption is conclusive, except as against a person who, within twenty years from that time, makes a payment or acknowledges an indebtedness of some part of the amount, recovered by the judgment or decree,...
Page 453 - Thus we have the four unities: unity of interest, unity of title, unity of time, and unity of possession.
Page 24 - person interested ", where it is used in connection with an estate or a fund, includes every person entitled, either absolutely or contingently, to share in the estate or the proceeds thereof, or in the fund, as husband, wife, legatee, next of kin, heir, devisee, assignee, grantee, or otherwise, except as a creditor.
Page 54 - ... for and in consideration of the sum of one dollar, to them in hand paid by the said party of the second part...
Page 362 - The defendant moved to set aside the verdict, and for a new trial, on the ground...
Page 412 - I hereby give my said executors and trustees, hereinbefore named full power to reinvest * * * in any security real or person which they may deem for the benefit of my estate and calculated to carry out the intention of this my last will.
Page 475 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 221 - The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Page 502 - ... made or Intended to take effect in possession or enjoyment after the death of the grantor...