Legal Opinion

Peyser v. Wendt

New York Surrogate's Court

Decided April 15, 1883Published

Petitions by Dorothea Peyser and others, interested, under decedent’s will, to compel Frederick B. Wendt, sole acting executor thereof, to pay their legacies. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

David M. Peyser, by his will, directed the remainder of two thirds of his estate, after payment of a legacy of fifteen thousand dollars, to be divided into five parts. Of these he gave, (1) one to his sister, Juliet Cracauer; (2) another to Moritz M. Peyser’s two children, one of whom is the petitioner Henry M. Peyser; (3) another to Frederick M. Peyser’s two children, one of whom is the petitioner John F. Peyser.

John F. Peyser asks in his own right, as legatee, for the payment, in whole or in part, of his share in the estate.. Dorothea, mother of Henry M. Peyser, claims her…

2Cases cited2 opinions

  1. Dubois v. DuboisNew York Supreme Court · 1826
  2. Paff v. KinneyThe Superior Court of New York City · 1852

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