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administratrix admitted to probate alleged allowed amount appears application appointed assets attorney authority Barker beneficiary bequeathed bonds brothers and sisters Civil Procedure claim clause Code Civ Code of Civil commissions contestant costs counsel Crawford creditors D. G. ROLLINS daughter death debts dece deceased brothers decedent decedent's estate decree DELAPLAINE died directed distribution entitled execution executor or administrator executrix exempt fact filed fund held husband income intention interest intestacy intestate invest issue judgment judicial settlement jurisdiction legacy legatees letters of administration letters testamentary MATTER ment mortgage motion Nicholas G paid payment personal estate personal property petition petitioner Potter probate proceeds provision question real and personal real estate real property referred remaindermen resident residuary estate share special guardian statute subd supra Surrogate Surrogate.—The Surrogate's court temporary administrator testamentary testator's testatrix thereof tion trust Westchester County.—Hon widow wife York County.—Hon
Page 470 - After the passage of this act all property which shall pass by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state...
Page 390 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 404 - Where a will of personal property made by a person who resided without the state at the time of the execution thereof...
Page 376 - ... unless provision shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, or in such way mentioned therein, as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation, shall be received.
Page 414 - If it appears to the surrogate that the will was duly executed; and that the testator, at the time of executing it, was in all respects competent to make a will and not under restraint; it must be admitted to probate...
Page 553 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 383 - But the foregoing provision does not apply to a debt evidenced by a bond, promissory note, or other instrument for the payment of money only, in terms negotiable or payable to the bearer or holder.
Page 289 - No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association...
Page 379 - If either party to an action dies, after an accepted offer to allow judgment to be taken, or after a verdict, report, or decision, or an interlocutory judgment, but before final judgment is entered, the court must enter final judgment, in the names of the original parties ; unless the offer, verdict, report, or decision, or the interlocutory judgment, is set aside.