Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 106 |
From inside the book
Results 1-5 of 100
Page 13
... appointment created and exercised by will — it is proper although a tax has pre- viously been paid upon the entire fund when only a life estate therein should have been taxed- the fund is considered to have been the property of the ...
... appointment created and exercised by will — it is proper although a tax has pre- viously been paid upon the entire fund when only a life estate therein should have been taxed- the fund is considered to have been the property of the ...
Page 14
... appointment in favor of his wife , Elizabeth Buck- ingham , who was not mentioned in any capacity in the will of Stephen M. Buckingham . Held , that the payments made in 1888 and 1889 upon the entire amount of the trust funds did not ...
... appointment in favor of his wife , Elizabeth Buck- ingham , who was not mentioned in any capacity in the will of Stephen M. Buckingham . Held , that the payments made in 1888 and 1889 upon the entire amount of the trust funds did not ...
Page 15
... appoint- ees , and in such manner , and in such shares , as my said nephew , Charles Henry Buckingham , shall , by his last will and testament , or other lawful instrument of appointment , in writing , appoint and direct . * * * 66 ...
... appoint- ees , and in such manner , and in such shares , as my said nephew , Charles Henry Buckingham , shall , by his last will and testament , or other lawful instrument of appointment , in writing , appoint and direct . * * * 66 ...
Page 16
... appointment , the learned surrogate has determined that the rights now passing under the appointment have already in fact been taxed in advance by the proceedings instituted in 1888 and upon the judicial settlement of Stephen M ...
... appointment , the learned surrogate has determined that the rights now passing under the appointment have already in fact been taxed in advance by the proceedings instituted in 1888 and upon the judicial settlement of Stephen M ...
Page 18
... appointment derived from any disposition of property made either before or after the passage of this act , such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the ...
... appointment derived from any disposition of property made either before or after the passage of this act , such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the ...
Contents
10 | |
24 | |
39 | |
72 | |
83 | |
130 | |
135 | |
149 | |
325 | |
329 | |
339 | |
348 | |
351 | |
360 | |
364 | |
367 | |
154 | |
169 | |
183 | |
185 | |
200 | |
211 | |
223 | |
227 | |
255 | |
266 | |
272 | |
273 | |
291 | |
317 | |
379 | |
380 | |
391 | |
396 | |
431 | |
436 | |
477 | |
484 | |
495 | |
536 | |
567 | |
589 | |
605 | |
Other editions - View all
Common terms and phrases
affirmed alleged appellant application appointment assessment Brooklyn cause of action chap chapter city of Poughkeepsie Civil Procedure claim clerk Code of Civil commissioners complaint concurred condition contract corporation costs and disbursements counsel Court in favor damages deceased decedent decree defendant defendant's demurrer denying dollars costs elevator entitled evidence ex rel fact granted held highway HIRSCHBERG injury interest issue judge Judgment and order JULY JUNE jurisdiction jury Kings County land Law Laws lease lien liquor mandamus Matter ment mortgage motion negligence owner paid party payment person plaintiff premises proceedings proof question Railroad Company real property reason recover relator respondent reversed SECOND DEPARTMENT Special Term statute Statute of Limitations street supra Supreme Court Surrogate's Court sustained testator thereof THIRD DEPARTMENT tion town of Kinderhook trial trustees verdict William Adam writ writ of mandamus York
Popular passages
Page 199 - Russian-American territory, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and, also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof,...
Page 201 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 24 - Upon consenting to treat a patient it becomes his duty to use reasonable care and diligence in the exercise of his skill and the application of his learning to accomplish the purpose for which he was employed. He is under the further obligation to use his best judgment in exercising his skill and applying his knowledge.
Page 488 - Pac. 925], brought on a policy of fire insurance, it appeared that the complaint alleged that by the policy, a copy of which was attached to and made a part of the complaint, the...
Page 90 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and...
Page 421 - If the right of recovery in this class of cases should be once established, it would naturally result in a flood of litigation in cases where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty which often exists in cases of alleged physical injury, in determining whether they exist, and, if so, whether they were caused by the negligent act of the defendant, would not only be greatly increased, but a...
Page 272 - Extraordinary repairs of highways or bridges. — If any highway or bridge shall at any time be damaged or destroyed by the elements or otherwise or become unsafe, the commissioner of highways of the town in which such highway or bridge may be may cause the same to be immediately repaired or rebuilt if consented to by the town board...
Page 118 - She was a resident of the State of New York at the time the testatrix died.
Page 244 - If any corporation formed under this act shall not, within five years after its articles of association are filed and recorded in the office of the Secretary of State, begin the construction of its road, and expend thereon ten per cent on the amount of its capital, or shall not finish its road and put it in operation in seven years from the time of filing its articles of association as aforesaid, its corporate existence and powers shall cease.
Page 148 - All persons, except idiots, persons of unsound mind and infants, may devise their real estate, by a last will and testament, duly executed, according to the provisions of this article.