Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York, Volume 3John S. Voorhis, 1879 - Law reports, digests, etc |
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Common terms and phrases
administratrix admission alleged amount appear application appointed assets auditor auditor's report authority Barb bequeathed bequest bond Bradf Bright's disease charged cited claim clause codicil contestant counsel County court of equity creditors Crosby D. C. CALVIN daughter death debts deceased decedent decedent's declared decree devise directed dower equity eventual estate evidence execution executor fact filed final accounting fund granted guardian HARVARD COLLEGE heirs held husband IGGLESDEN income interest intestacy invested James Pollock jurisdiction legacies legatees letters of administration letters testamentary liable Lillienthal LOCKWOOD MATTER OF POLLOCK mortgage next-of-kin opinion paid parties payment personal estate petition petitioner probate proceedings profits proof question real estate received remainderman rents residuary respect Revised Statutes securities seems Supreme Court Surrogate Surrogate's Court tenant testator's testatrix testimony thereof tion trustee undue influence validity VANDERBILT Westchester Co widow wife William witnesses YORK COUNTY YORK COUNTY.-HON
Popular passages
Page 235 - 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 546 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 234 - 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 or corporation, in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more.
Page 307 - Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time, within which the action must be commenced, must be computed from the time, when the right to make the demand is complete ; except in one of tho following cases : 1.
Page 56 - ... and it cannot be that the simple fact of the party who prepared the Will being himself a Legatee, is in every case, and under all circumstances, to create a contrary presumption, and to call upon the Court to pronounce against the Will, unless additional evidence is produced to prove the knowledge of its contents by the deceased.
Page 398 - The general rule is, that every material fact must be proved on oath. There is an exception to that rule, viz., that the declarations of a party to the record, or of one identified in interest with him, are as against such party, admissible in evidence.
Page 421 - Appeals fully sustained the doctrine that to invalidate a will on the ground of undue influence, there must be affirmative evidence of the facts from which such influence is to be inferred. It is not sufficient to show that a party benefited by a will had the motive and opportunity to exert such influence; there must be evidence that he did exert it...
Page 194 - 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 56 - All that can be truly said is, that if a person, whether attorney or not, prepares a will with a legacy to himself, it is, at most, a suspicious circumstance of more or less weight, according to the facts of each particular case...
Page 56 - The strict meaning of the term ' onus probandi ' is this, that if no evidence is given by the party on whom the burden is cast, the issue must be found against him. In all cases this onus is imposed on the party propounding a will; it is in general discharged by proof of capacity and the fact of execution...