Topic: proceeded on the theory that they had to prove their claim … · Go Syfert
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Topic #34040

2 canonical passages across 2 cases, quoted by 6 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Bemis v. Larkin.

#Case FlagCanonical passage Citers
1 Bemis v. Larkin Anchor
nyappdiv · 1936
green “proceeded on the theory that they had to prove their claim as if it stood controverted. they did not seek to proceed as if upon a default” 3
2 Hoelzer v. Blum
nyappdiv · 1983
green “as a general rule the courts of this state will respect and not interfere with a trustee's decision unless it can be shown that the decision constituted an abuse of the discretion given the trustee by the testator” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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