Sweezy v. Thayer
The Superior Court of New York City
This action was brought to recover a fund in the hands of the public administrator, as the administrator, &c., of a deceased infant, Charles W. Willis. The plaintiffs, Mrs. Sweezy and Mrs. Webster, claimed to be entitled to the fund as the next of kin and heirs at law of the infant, but the answer of the defendant denied their title and set np as preferable, that of John Willis, the grandfather of the deceased.
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This action was brought to recover a fund in the hands of the public administrator, as the administrator, &c., of a deceased infant, Charles W. Willis. The plaintiffs, Mrs. Sweezy and Mrs. Webster, claimed to be entitled to the fund as the next of kin and heirs at law of the infant, but the answer of the defendant denied their title and set np as preferable, that of John Willis, the grandfather of the deceased. The question raised by the pleadings was whether the fund, at the death of the infant, was real or personal estate. The cause was referred to Murray Hoffman, Esq., who in May term,…
1Opinion of the Court
Nov. 20. Bosworth, J.,
now delivered the judgment of the Court, and after stating the facts, proceeded as follows;
Murray Hoffman, Esq., the referee to whom the action was referred, decided, on these facts, that the securities in which the surplus was invested must be regarded as real estate for the purposes of descent and devolution, and, therefore, belonged to the plaintiffs, his maternal aunts. A judgment was entered on the report directing the moneys in the defendant’s hands to be paid to the plaintiffs-. The defendant appeals from the judgment, and the question presented on the appeal is,…
2Cases cited3 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Graham v. DickinsonNew York Court of Chancery · 1848
- Loomis v. StuyvesantNew York Court of Chancery · 1843
3Cited by16 opinions
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- Horton v. . McCoyNew York Court of Appeals · 1871
- Wagstaff v. LowerreNew York Supreme Court · 1856
- Comer v. LightIndiana Supreme Court · 1911
- Adams v. SmithNew York Supreme Court · 1887
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