Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York: With Annotations, Volume 16
W. C. Little & Company, 1919 - Law reports, digests, etc
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action administrator agreement alleged allowed amount answer appellant application appointment attorney authority Bank brother Civil Procedure claim Code of Civil conclusion construction contained contested costs counsel death deceased decedent decedent's decision decree defendant determined died directed distribution domicile effect entered entitled equal evidence execution executors exercised fact filed finding follows fund give given guardian held income infants intention interest invested issue John judgment judicial jury leaving legacy legatees living Matter Misc motion named objections opinion paid party payment petitioner plaintiff present probate proceeding proceeds question real estate reason received referred remaining residence residuary respect respondent rule securities settlement share sister statute Supreme Court surrogate Surrogate's Court testatrix thereof tion transfer trial trust verdict widow wife witnesses York
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.