Riegelman v. Riegelman
New York Surrogate's Court
Application pending a contest over the probate of .decedent’s will, to allow the widow to retain one-third of the rents and profits of the estate, real and personal, .of decedent, and of the future income( thereof, and that the receiver and collector be directed to pay her the same, and that she be authorized to receive for her two infant children one-sixth each of the residue of said rents and profits, and of future rents and income, and that she be allowed *out of the…
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Application pending a contest over the probate of .decedent’s will, to allow the widow to retain one-third of the rents and profits of the estate, real and personal, .of decedent, and of the future income( thereof, and that the receiver and collector be directed to pay her the same, and that she be authorized to receive for her two infant children one-sixth each of the residue of said rents and profits, and of future rents and income, and that she be allowed *out of the rents and moneys in hand to pay her counsel, and that said receiver and collector be ordered to pay all interest on…
1Opinion of the Court
The Surrogate.—The only authority for this application is the 3 R. S., 106 (6 ed.), § 98, which provides that any person entitled to a legacy, or to a distributive share of an estate, may apply to the Surrogate to be allowed to receive such portion of such legacy or share as may be necessary for his support. Until it shall be determined whether the will pro-2)0imded is valid, and admitted to pnobate, it cannot appear that the petitioner is entitled to any legacy, nor will it aprpear that she is entitled to a distributive share of this estate, unless and. until the will shall be rejected.
By 3…
2Cited by5 opinions
- In re the Estate of LevineNew York Surrogate's Court · 1936
- In re the Intermediate Judicial Settlement of the Account of HoysradtAppellate Division of the Supreme Court of the State of New York · 1919
- In re AaronNew York Surrogate's Court · 1887
- Riegelmann v. McCoyNew York Surrogate's Court · 1882
- Weiher v. SimonNew York Supreme Court · 1903