Legal Opinion

Hegeman v. Fox

New York Supreme Court

Decided May 14, 1860PublishedCited by 6 opinions

APPEAL by Joseph Hegeman, one of the executors of Austin D. Moore deceased, from a decree of the surrogate of the county of Kings, made upon a petition of the respondent, the widow of the testator, for a share of the testator’s personal property. The surrogate decreed that she was entitled to one third of the personal property, as claimed.

1Opinion of the Court

By the Court, Emott, J.

This is an appeal from a decree of the surrogate of Kings county, adjudging that the respondent, as the widow of Austin D. Moore, was entitled to one third of all his personal property, absolutely, and notwithstanding the provisions of his will. The surrogate made this decision upon the ground that Austin D. Moore was, at the time of his death, domiciled in the state of Florida. The laws of that state were proved, and it appeared .that they provide for a distribution to a widow of one third of the personal estate of which her husband should he possessed, notwithstanding…

2Cases cited2 opinions

  1. The Venus, Rae, MasterSupreme Court of the United States · 1814
  2. Elbers & Kraffts v. United Insurance Co.New York Supreme Court · 1819

3Cited by6 opinions

  1. Dupuy v. . WurtzNew York Court of Appeals · 1873
  2. In re the Judicial Settlement of the Account of TallmadgeNew York Surrogate's Court · 1919
  3. Concord v. RumneySupreme Court of New Hampshire · 1864
  4. In re Zerega's WillNew York Surrogate's Court · 1892
  5. Silvey v. LindsayNew York Supreme Court · 1886

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