Legal Opinion

Crowe v. Brady

New York Surrogate's Court

Decided July 15, 1879PublishedCited by 1 opinion

Application by one of the children of decedent and the administrator, to compel the latter to account as such administrator.

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Application by one of the children of decedent and the administrator, to compel the latter to account as such administrator. The. petition of Catherine A. Crowe, one of the children of decedent and the administrator, alleged the death of decedent, December 12, 1867, seized and possessed. of No. 204 Henry street in New York city, worth $12,000, and personal property consisting in part of $3,333, deposited in banks; that the administrator received letters February 5, 1868, and that he had failed to account; and prayed for an accounting. In answer to the petition, the administrator denied that…

1Opinion of the Court

The Surrogate.,

The evidence in this case leaves the matter in no real doubt as to the source whence the money deposited by the decedent to her credit in trust for her children was derived, for it is entirely apparent that it all belonged to the husband of decedent, Thomas B. Brady, unless he divested himself of his title by delivering it to his wife as a gift; and I regard all the testimony taken in this proceeding upon the subject of the wife’s earnings as well as the earnings of the petitioner, as having no bearing upon that question, so that the only evidence militating against that of the…

2Cases cited3 opinions

  1. Savage v. . BurnhamNew York Court of Appeals · 1858
  2. Curtis v. SmithNew York Supreme Court · 1870
  3. Bunn v. VaughanNew York Court of Appeals · 1867

3Cited by1 opinion

  1. In re SouleNew York Surrogate's Court · 1888

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