Legal Opinion

Adee v. . Campbell

New York Court of Appeals

Decided November 25, 1879PublishedCited by 20 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a decree of the surrogate of the county of Westchester, upon the final accounting of defendants, as administrators of the estate of John A. Merritt, deceased. (Reported below, 14 Hun, 551.) Said Merritt died, leaving no widow, child,- father, mother, brother, sister, descendant of any brother or sister, uncle or aunt.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a decree of the surrogate of the county of Westchester, upon the final accounting of defendants, as administrators of the estate of John A. Merritt, deceased. (Reported below, 14 Hun, 551.) Said Merritt died, leaving no widow, child,- father, mother, brother, sister, descendant of any brother or sister, uncle or aunt. He left a number of first cousins, and children of deceased first cousins. The surrogate adjudged that the only persons entitled to share in the distribution of the…

1Opinion of the CourtRapallo, J.

The intestate having left no widow or descendant, his personal estate was distributable among his collateral next of loin in equal degree and their legal representatives. (2 R. S., 96, § 75, subd., 5.) It is provided however by the same section (subd., 11) that no representation shall be admitted among collaterals, after brothers and sisters children. Our statute is in this respect the same as that of England, and it has long been settled that the brothers and sisters referred to, are those of the intestate. (Carter v. Crawley, T. Raymond, 496; Doughty v. Stilwell, 1 Bradf., 300.) In the…

2Cases cited2 opinions

  1. Doughty v. StillwellNew York Surrogate's Court · 1850
  2. Hurtin v. ProalNew York Surrogate's Court · 1855

3Cited by20 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
  2. Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914
  3. Smith v. EganSupreme Court of Missouri · 1914
  4. Bowden v. OwenNew York Supreme Court · 1918
  5. In re the Estate of McKeonNew York Surrogate's Court · 1960

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