In re Awarding Letters of Administration upon the Estate of Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by Emma Wells from a decree of the Surrogate’s Court of the county of Miagara, entered in said Surrogate’s Court on the 13th day of March, 1907, revoking letters of administration upon the estate of Arthur Wells, deceased, theretofore issued to the appellant, upon the ground that the petition upon which she obtained the same contained a false statement or suggestion of a material fact, to wit, that she was the widow of the said Arthur Wells, deceased, when in fact she…
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Appeal by Emma Wells from a decree of the Surrogate’s Court of the county of Miagara, entered in said Surrogate’s Court on the 13th day of March, 1907, revoking letters of administration upon the estate of Arthur Wells, deceased, theretofore issued to the appellant, upon the ground that the petition upon which she obtained the same contained a false statement or suggestion of a material fact, to wit, that she was the widow of the said Arthur Wells, deceased, when in fact she was not. This proceeding was commenced by the filing of the petition of Ella Rykert, the respondent, with the…
1Opinion of the Court
McLennan, P. J.:
On the 18th day of September, 1889, á ceremony of marriage' between the decedent, Arthur Wells, and the appellant, Emma Wells, whose maiden name was .Emiria Garrett, was performed at the city of Chicago, 111., by the Eev. A. K. Parker, pastor of the ■Centennial Baptist Church of said city, in the presence of witnesses, and in all respects in conformity with the laws of said State. ■ A certificate of such marriage, signed by the clergyman and by two wiri nesses, was put in evidence in this proceeding, and its genuineness is riot questioned. Neither is it suggested that the…
2Cases cited8 opinions
- Maynard v. HillSupreme Court of the United States · 1888
- Cartwright v. McGownIllinois Supreme Court · 1887
- Fenton v. ReedNew York Supreme Court · 1809
- Rose v. ClarkNew York Court of Chancery · 1841
- Eaton v. EatonNebraska Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re the Estate of HaffnerNew York Court of Appeals · 1930
- In Re Love's EstateSupreme Court of Oklahoma · 1914
- Henderson v. HendersonCourt of Appeals of Maryland · 1952
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Leeds v. JoyceAppellate Division of the Supreme Court of the State of New York · 1922
23 more not listed; retrieve them via the Exa API.