Du Bois v. Brown
New York Surrogate's Court
Deborah Orsor died in 1879, leaving a last will and testament dated September 10th, 1877. By the will, which was prepared by Isaac F. Brown, a nephew, the testatrix, after bequeathing various legacies, gave and bequeathed to said Isaac E. Brown and to Margaret Miller the residue of her estate, real and personal, to be equally divided between them.
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Deborah Orsor died in 1879, leaving a last will and testament dated September 10th, 1877. By the will, which was prepared by Isaac F. Brown, a nephew, the testatrix, after bequeathing various legacies, gave and bequeathed to said Isaac E. Brown and to Margaret Miller the residue of her estate, real and personal, to be equally divided between them. Said Brown was appointed one of the executors of the will, and was also one of the two subscribing witnesses to the execution of the same. At the time of said execution, and continually thereafter he resided in the town of Ossinning, in Westchester…
1Opinion of the Court
The Surrogate.
As the next of kin claim that the provision of the will in favor of the executor is void by statute, and that they, as such, are entitled to their several distributive shares of the amount of the bequest attempted to be made to him, and as this claim is disputed by the executor, it becomes necessary to determine whether this court has, under the provisions of the Code of Civil Procedure, any jurisdiction in the premises. I do not perceive anything in the third sentence of § 2143 preventing me from passing upon the question. It strikes me that the words “distributive share” have…
2Cases cited12 opinions
- Riggs v. . CraggNew York Court of Appeals · 1882
- McKeen v. Delancy's LesseeSupreme Court of the United States · 1809
- Tucker v. TuckerNew York Court of Appeals · 1868
- Fort v. BurchNew York Supreme Court · 1849
- In re BrownNew York Supreme Court · 1839
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3Cited by4 opinions
- In re Hobson's WillNew York Supreme Court · 1891
- Whitney v. WhitneyNew York Supreme Court · 1892
- In re McCabe's EstateNew York Surrogate's Court · 1891
- In re Marcial's EstateNew York Surrogate's Court · 1891