Falke v. Terry

The material facts, as set forth in the complaint, are that plaintiffs are children and heirs at law of Juan B. C._Phillips, deceased. In 1892 their father died in the city of Brooklyn, New York, leaving a will in which the defendant, Amanda L. Falke, formerly wife of Mr. Phillips, was named executrix, and John H. Springer executor. The will was duly presented for, and admitted to, prohate in the surrogate’s court of the city of Brooklyn, and letters testamentary issued to defendant as executrix — the executor not qualifying — and thereupon she took possession of all the property of the…