Legal Opinion

In re Estate of Swales

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 31 opinions

Appeal by Joseph Gr. Swales, as administrator, etc., of William H. Swales, deceased, from a decree of the Surrogate’s Court of the Bounty of Wayne, entered in said Surrogate’s Court on the 17th day ■of September, 1900, adjudging, “ First.

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Appeal by Joseph Gr. Swales, as administrator, etc., of William H. Swales, deceased, from a decree of the Surrogate’s Court of the Bounty of Wayne, entered in said Surrogate’s Court on the 17th day ■of September, 1900, adjudging, “ First. That the petitioner, Mary E. Swales, known as Mary E. Trowbridge, and said decedent, William H. Swales, in this State, continued to be man and wife from the time of their marriage until the death of said decedent; that she is now the widow of said William H. Swales, and as such widow is entitled to administer the estate of said William H. Swales, deceased. “…

1Opinion of the Court

Adams, P. J.:

There is little, if any, dispute respecting, the essential facts of this case, which, briefly stated, are these:

The petitioner and the decedent, William H. Swales, intermarried at the town of Sodus in this State on the 3d day of May, 1869, and continued to live in that town and to cohabit as husband and wife until about December, 1873, when a separation took place which continued until the death of the husband as hereinafter stated.

In the year 1883 the petitioner obtained a decree of divorce from her husband in the State of Illinois, which purported to absolutely dissolve the…

2Cases cited17 opinions

  1. Kinnier v. . KinnierNew York Court of Appeals · 1871
  2. The People v. . BakerNew York Court of Appeals · 1879
  3. Hunter v. HunterCalifornia Supreme Court · 1896
  4. In re Ellis' EstateSupreme Court of Minnesota · 1893
  5. Rigney v. . RigneyNew York Court of Appeals · 1891

12 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Starbuck v. . StarbuckNew York Court of Appeals · 1903
  2. Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
  3. Stevens v. StevensNew York Court of Appeals · 1937
  4. Hamm v. HammCourt of Appeals of Tennessee · 1947
  5. Peterson v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1992

26 more not listed; retrieve them via the Exa API.

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