Legal Opinion

In re the Estate of Blow

New York Surrogate's Court

Decided July 23, 1889Published

This is a special proceeding instituted against Philomene Chevalier, as administratrix with the will annexed, etc., by a next of kin-and devisee, etc., of said deceased, consolidated, under § 2728-of the Code of Civil Procedure, with the proceeding for the-judicial settlement of the accounts of the said administratrix, etc., made upon her own application.

1Opinion of the Court

Lansing, S.

Lutgarde Blow died, leaving a last will and testament, which was duly admitted to probate by the surrogate of Rensselaer county, about the 1st day of June, 1877.

Her will is as follows: “ First. After the payment of all my just debts and funeral expenses, I do give and bequeath unto all my children the property of which I may die seized, to he divided equally between them when the youngest of my children shall reach the age of twenty-one years, except there shall be deducted from the shares of Philomene and Yitaline Chevalier each the-sum of $1,000, on account of their father…

2Cases cited11 opinions

  1. Van Horne v. FondaNew York Court of Chancery · 1821
  2. Mott v. . AckermanNew York Court of Appeals · 1883
  3. Tucker v. TuckerNew York Court of Appeals · 1868
  4. Campbell v. TouseyNew York Supreme Court · 1827
  5. Shumway v. CooperNew York Supreme Court · 1853

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