Legal Opinion

In re Estate of Smith

New York Surrogate's Court

Decided November 15, 1892PublishedCited by 1 opinion

Hearing- before surrogate on a personal claim made against an estate by an executor. The opinion states the case.

1Opinion of the Court

Davie, S.

Joseph Smith died on the 10th day of August, 1891, leaving a last will and testament, which was duly admitted to probate by the Surrogate’s Court of the county of Cattaraugus September 19,1891.

By the first item of said will, the testator bequeathed to his Widow, Susan Smith, the use and income of $5,000 during life, such provision to be accepted by her in lieu of dower; by the second and third items, the use and income of the entire estate both real and personal are devised and bequeathed to Etta Blanchard, an only child of testator, for and during her life, subject, however, to the…

2Cases cited9 opinions

  1. Boughton v. . FlintNew York Court of Appeals · 1878
  2. Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
  4. Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
  5. Tillotson v. PrestonNew York Supreme Court · 1808

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3Cited by1 opinion

  1. Bronner Brick Co. v. M. M. Canda Co.New York Supreme Court · 1896

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