In re Account of Seabury
Appellate Division of the Supreme Court of the State of New York
Appeal by Everitt R. Pine and others, next of kin of Maryette Matthews, deceased, from so much of a decree of the Surrogate’s Court of the county of Queens, made by the county judge acting as surrogate, dated May 25, 1895, as directs the executor to divide $7,184.94 of the estate into fourteen equal parts, instead of eleven equal parts, and pay one of such parts to Hiram Smith, one to Ira Smith and one to Thomas Smith; also, from the award to them of ninety dollars costs.
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Appeal by Everitt R. Pine and others, next of kin of Maryette Matthews, deceased, from so much of a decree of the Surrogate’s Court of the county of Queens, made by the county judge acting as surrogate, dated May 25, 1895, as directs the executor to divide $7,184.94 of the estate into fourteen equal parts, instead of eleven equal parts, and pay one of such parts to Hiram Smith, one to Ira Smith and one to Thomas Smith; also, from the award to them of ninety dollars costs. This proceeding was instituted by a petition filed by Robert Seabury, as executor of Maryette Matthews, deceased, praying…
1Opinion of the Court
Willard Bartlett, J.:
The next of kin who have appealed in this matter desire to exclude the respondents Hiram, Ira and Thomas Smith from any share in the estate of Maryette Matthews, on the ground that their mother was .illegitimate. The petition of the executor, by which the proceeding was commenced, alleged that Hiram Smith, Ira Smith and Thomas Smith, all residing in the town of Hempstead, Queens county, 1ST. Y., were the children of Harriet Smith, a deceased half-sister of the testatrix. This allegation was not controverted in the objections filed in behalf of the appellants; that is to…
2Cases cited3 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Caujolle v. . FerrieNew York Court of Appeals · 1861
3Cited by7 opinions
- Harjo v. JohnstonSupreme Court of Oklahoma · 1940
- Tracy v. FreyAppellate Division of the Supreme Court of the State of New York · 1904
- Cox v. ColbertSupreme Court of Oklahoma · 1929
- Bruner v. EngelesSupreme Court of Oklahoma · 1923
- Bowen v. Preferred Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
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