Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York, Հատոր 2

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John S. Voorhis, 1877
 

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Common terms and phrases

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Էջ 523 - 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.
Էջ 126 - If a person persistently believes supposed facts, which have no real existence except in his perverted imagination, and against all evidence and probability, and conducts himself, however logically, upon the assumption of their existence, he is, so far as they are concerned, under a morbid delusion ; and delusion in that sense is insanity. Such a person is essentially mad or insane on those subjects, though on other subjects he may reason, act and speak like a sensible man.
Էջ 254 - ... a judgment entered upon the report of a referee, in favor of...
Էջ 544 - ... no devise to a corporation shall be valid, unless such corporation be expressly authorized by its charter, or by statute, to take by devise.
Էջ 334 - When a trustee pays trust money into a bank to his credit, the account being a simple account with himself, not marked or distinguished in any other manner, the debt thus constituted from the bank to him is one which, as long as it remains due, belongs specifically to the trust as much and as effectually as the money so paid would have done, had it specifically been placed by the trustee in a particular repository and so remained...
Էջ 546 - ... no person having a husband, wife, child or parent shall, by his or her last will...
Էջ 399 - ... but such devise or bequest shall pass to the devisee or legatee, the actual estate or interest of the testator, which would otherwise descend to his heirs, or pass to his next of kin; unless in the instrument by which such alteration is made the intention is declared, that it shall operate as a revocation of such a previous devise or bequest.
Էջ 547 - ... and no such devise or bequest shall be valid in any will which shall not have been made and executed at least two months before the death of the testator.
Էջ 230 - the cases may all be reconciled on the general principle, that the exercise of this power is to be regulated by sound discretion, as the circumstances of the individual case may dictate ; and that the resort to equity, to...
Էջ 539 - ... personal estate, in case the validity of any of the dispositions contained in such will is contested or their construction or legal effect called in question by any of the heirs or next of kin of the deceased or any legatee or devisee named in the will, the surrogate shall have the same power and jurisdiction as is now vested in and exercised by the Supreme Court to pass upon and determine the true construction, validity and legal effect thereof.

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