Legal Opinion
In re the Judicial Settlement of the Account of Underhill
New York Surrogate's Court
Decided February 15, 1909PublishedCited by 3 opinions
Proceeding for the judicial settlement of the accounts of administrators.
1Opinion of the Court
Ketcham, S.
The question upon this motion is whether, where the decedent has left no nearer kin than cousins and the descendants of deceased cousins, the descendants of deceased cousins are entitled to share in the distribution of personal property.
This question, upon authority, cannot be regarded as unsettled. Once Code, § 2732, sub. 12, read: “Mo representation shall be admitted among collaterals after brothers’ and sisters’ children.”
Its meaning was then found to be that the representation which was permissible among the children of brothers and sisters was not to be admitted among…
2Cases cited4 opinions
- In Re the Accounting of DavenportNew York Court of Appeals · 1902
- Adee v. . CampbellNew York Court of Appeals · 1879
- In re the Judicial Settlement of the Estate of NicholsNew York Surrogate's Court · 1908
- Clements v. BabcockNew York Supreme Court · 1899
3Cited by3 opinions
- Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914
- In re the Accounting of MorrisAppellate Division of the Supreme Court of the State of New York · 1950
- In re the Final Accounting of ConnellyNew York Surrogate's Court · 1961