Legal Opinion

In re the Estate of Perry

New York Surrogate's Court

Decided May 15, 1902PublishedCited by 5 opinions

Motion for the surrogate to order that the widow of Wilsons Perry be paid in cash from the money in the hands of the administrator, belonging to said estate, the value of certain articles^, enumerated in section- 2713, Code of Civil Procedure, and under subdivisions 1, 3, and 4 of said section, for the reason that at the death of Wilson Perry, some of the articles enumerated in said section, under said subdivisions, were not in existence, and for that reason she did not…

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Motion for the surrogate to order that the widow of Wilsons Perry be paid in cash from the money in the hands of the administrator, belonging to said estate, the value of certain articles^, enumerated in section- 2713, Code of Civil Procedure, and under subdivisions 1, 3, and 4 of said section, for the reason that at the death of Wilson Perry, some of the articles enumerated in said section, under said subdivisions, were not in existence, and for that reason she did not receive them.

1Opinion of the Court

Reynolds,S.

It is conceded that the widow received in articles enumerated in subdivision 4 of section 2713, Code of Civil Procedure, the value of only twenty-two dollars and ninety-five cents, for the reason that none other of the articles was in existence. That under Subdivision 3 of said section she received nothing, and that under subdivision 1 she did not receive the-sewing machine, for the reason that no such article was owned' by the deceased, and the attorney -for the widow asks this courfito order the administrator to pay to the widow in cash, the value-of these articles, and to…

2Cases cited2 opinions

  1. In re WilliamsAppellate Division of the Supreme Court of the State of New York · 1898
  2. In re the Estate of HemburyNew York Surrogate's Court · 1902

3Cited by5 opinions

  1. In re Mehn's EstateNew York Surrogate's Court · 1910
  2. In re the Estate of KeoughNew York Surrogate's Court · 1904
  3. In re the Judicial Settlement of the Estate of GriffithNew York Surrogate's Court · 1906
  4. In re the Estate of William H. H.New York Surrogate's Court · 1905
  5. In re the Judicial Settlement of the Estate of BernsNew York Surrogate's Court · 1907

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