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The NYC Children's Court and NYC Domestic Relations Court (commonly known as the Family Court) were consolidated into the Domestic Relations Court of the City of New York created on October 1, 1933. [ 21 ] [ 22 ] [ 19 ] In 1962 the Family Court replaced these courts after a 1961 constitutional amendment.
Finally, a trust may be created for a certain non-charitable purpose without an ascertainable beneficiary for a certain period (21 years, under the default rules of the UTC.) [91] The most common example of a trust for a specific non-charitable purpose is a trust for the care of a cemetery plot.
Asset-protection trust: The concept of an asset-protection trust encompasses any form of trust that provides for funds to be held on a discretionary basis. Such trusts are set up in an attempt to avoid or mitigate the effects of taxation, divorce and bankruptcy on the beneficiary. Such trusts may be proscribed or limited in their effect by ...
The name is derived from Matter of Totten, 179 N.Y. 112 (1904), the case decided by the New York Court of Appeals which established the legality of this practice. Although this method of creating a trust did not meet the formal requirements of trust creation, or the testamentary formalities required to make a valid will, the Court noted that such an arrangement typically involved a small ...
State agency rules and regulations are promulgated in the New York State Register and codified in the New York Codes, Rules and Regulations. Because New York is a common law state, every opinion, memorandum, and motion sent by the New York Court of Appeals (New York's highest court) and the Appellate Division of the New York Supreme Court (an ...
The general rule was set out in Re Trusts of the Abbot Fund, [24] where it was decided that excess funds will be held on resulting trust for the settlor. There are exceptions to this rule; the general rule is put aside if the court can find intention to benefit specific individuals, as in Re Osoba. [25] [26]
Attorneys are admitted to the New York bar by one of the Appellate Division departments rather than by New York's highest court, the Court of Appeals, though once admitted to any of the Appellate Division departments, such attorney is admitted to practice and appear before all non-federal courts in the state, including the Court of Appeals.
The highest court of appeal is the Court of Appeals (instead of the "Supreme Court") whereas the primary felony trial court is the County Court (or the Supreme Court in New York City). The Supreme Court also acts as the intermediate appellate court for many cases, and the local courts handle a variety of other matters and are the starting point ...
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