Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York, Volume 1Banks & Bros., 1890 - Law reports, digests, etc |
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Results 1-5 of 86
Page 16
... decedent and his wife . The decedent died before his wife , and the point to be decided is whether or not the bond and mortgage be- came the property of the wife on the death of her husband by right of survivorship , or whether the ...
... decedent and his wife . The decedent died before his wife , and the point to be decided is whether or not the bond and mortgage be- came the property of the wife on the death of her husband by right of survivorship , or whether the ...
Page 28
... decedent is found to have been of testa- mentary capacity , at the time of the execution of the will and codicils , being a man of unusually advanced age , and consequently of weakened powers , in the cir- cumstances of the case , it is ...
... decedent is found to have been of testa- mentary capacity , at the time of the execution of the will and codicils , being a man of unusually advanced age , and consequently of weakened powers , in the cir- cumstances of the case , it is ...
Page 41
... decedent , does not alone create a pre- sumption that a testamentary gift was procured by fraud or undue influence ; but , when a person of advanced years , and mentally and physically infirm , has made his attorney the principal ...
... decedent , does not alone create a pre- sumption that a testamentary gift was procured by fraud or undue influence ; but , when a person of advanced years , and mentally and physically infirm , has made his attorney the principal ...
Page 47
... decedent's law business , su- pervised his loans , made collections for him , and thus much of his time was occupied during the last three or four years of the testator's life . It does not appear whether he received any other ...
... decedent's law business , su- pervised his loans , made collections for him , and thus much of his time was occupied during the last three or four years of the testator's life . It does not appear whether he received any other ...
Page 55
... decedent's estate , before filing her peti- tion in this proceeding , it might well be said that no injury could thereafter have been alleged on the part of the executors . Having proceeded to obtain a revo- cation of probate , and ...
... decedent's estate , before filing her peti- tion in this proceeding , it might well be said that no injury could thereafter have been alleged on the part of the executors . Having proceeded to obtain a revo- cation of probate , and ...
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Common terms and phrases
administrator alleged allowed amount appear application appointed attorney bank beneficiary bequeathed bequest bond and mortgage cited Civil Procedure claim Clark clause Code of Civil codicil Collyer contestant counsel death debts deceased decedent decedent's decree DELAPLAINE deposit devise directed entitled evidence execution executor executrix exempt fact filed Fithian fund given heirs held husband income infant Inheritance Tax intention interest intestate invested issue judgment judicial settlement legacy letters of administration letters testamentary MATTER OF BUTLER MATTER OF SOULE ment Morian named objection paid parties payment personal estate personal property petition petitioner probate proceeding proponent provisions question Quin RANSOM RASTUS real estate received referee residuary estate share special guardian statute statute of limitations subscribing witnesses supra Surrogate SURROGATE.-The Surrogate's Court testamentary testamentary capacity testator's testatrix testified testimony thereof tion trust valid widow wife William William G YORK COUNTY.-HON youngest child
Popular passages
Page 165 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 304 - Territory, or any personal property or interest therein, transferred by deed, grant, bargain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor...
Page 334 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Page 322 - Seventeenth: All the rest, residue and remainder of all 196 US Statement of the Case. the property and estate, real, personal and mixed, of every description, and wheresoever situated, of which I may die seized or possessed, or to which I may be entitled at the time of my decease...
Page 303 - When the transfer is by will or by the intestate laws of this state from any person dying seized or possessed of the property while a resident of the state.
Page 122 - every court of record shall have power to punish, by fine and imprisonment, or either, any neglect or violation of duty, or any misconduct, by which the rights or remedies of a party in a cause, or matter depending in such court, may be defeated, impaired, impeded or prejudiced in the following cases.
Page 235 - ... the just and true rule is that the trustee is bound to employ such diligence and such prudence in the care and management as in general prudent men of discretion and intelligence in such matters employ in their own affairs.
Page 259 - ES, provides that the absolute ownership of personal property shall not be suspended by any limitation or condition whatever for a longer period than during the continuance...
Page 266 - ... it being claimed that, as there were five nieces and nephews, the statute against perpetuities was violated, and there was a suspension of the power of alienation for more than two lives in being at the creation of the estate.
Page 290 - Rep. 822, held that to constitute estoppel 'the person sought to be estopped must do some act or make some admission with an intention of influencing the conduct of another, or that he had reason to believe would Influence his conduct, and which act or admission is inconsistent with the claim he proposes now to make. The other party, too, must have acted upon the strength of such admission or conduct.