In Re the Accounting of Davenport
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 23, 1901, which modified and affirmed as modified a decree of the Kings County Surrogate’s Court settling the accounts of William B. Davenport, as administrator of the estate of Sarah L. Cullen, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 23, 1901, which modified and affirmed as modified a decree of the Kings County Surrogate’s Court settling the accounts of William B. Davenport, as administrator of the estate of Sarah L. Cullen, deceased. The facts, so far as material, are stated in the opinion. By the Civil Code, prior to 1898, in this case uncles, aunts, nephews and nieces would have divided the estate. (Durant v. Prestwood, 1 Atk. 454; Hurtin v. Proal, 3 Bradf. 414.) The amendment of 1898 worked no change…
1Opinion of the CourtBartlett, J.
This appeal involves the construction of the statute regulating the distribution of personal property. (§ 2732, Code of Civil Procedure, as amended by chapter 319, Laws of 1898.) This amendment took effect September 1st, 1898.
The intestate died on the 15th day of September, 1898, possessed of- personal property only. She left no husband, ancestor, descendant, brother or sister, but was survived by a nephew and niece, Charles Christopher Carroll and Cliloe Carroll Rehm, children of a deceased brother, two uncles, two aunts, forty-five first cousins, thirty-three second cousins and one third…
2Cited by32 opinions
- In re the Judicial Settlement of the Account of De VoeAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
- In Re the Probate of the Will of ButterfieldNew York Court of Appeals · 1914
- In re the Final Judicial Settlement of the Accounts of McMillanAppellate Division of the Supreme Court of the State of New York · 1908
- Bowden v. OwenNew York Supreme Court · 1918
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