Fletcher v. Updike
New York Supreme Court
THIS is an appeal, by Adelia P. Fletcher and others, from a decree of the surrogate of Schuyler county, allowing to the respondent, Eleanor D. Updike, against the estate of her deceased husband, the sum of $2,491.23, the amount of her claim presented to that officer for allowance.
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THIS is an appeal, by Adelia P. Fletcher and others, from a decree of the surrogate of Schuyler county, allowing to the respondent, Eleanor D. Updike, against the estate of her deceased husband, the sum of $2,491.23, the amount of her claim presented to that officer for allowance. The items constituting the claim, as they appear in the sworn bill, were four in number, all for cash alleged to have belonged to the respondent, and charged to have been received by the husband, as follows : $552 February 12, 1847; $240 February 13, 1847; $8-, 1847, and $65 -, 1856. Interest was computed on these…
1Opinion of the Court
By the Court, Bockes, P. J.
It appears from the proof introduced before the surrogate, that the respondent and the deceased intermarried in 1846 ; hence all these sums were received by the husband during coverture. It is also made to appear that the moneys were not received in gross sums, as charged in the bill, and above given, with dates ; but came to the hands of the husband at various times, and in comparatively small sums. All, however, was received between February 12th, 1847, and, perhaps, about June, 1852, except the avails of the Pierson note, which was paid in 1856. Now, in the…
2Cases cited5 opinions
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Wright v. . WrightNew York Court of Appeals · 1873
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Adams v. CurtisNew York Supreme Court · 1870
- Van Alen v. FeltzNew York Court of Appeals · 1864
3Cited by3 opinions
- Defreest v. . WarnerNew York Court of Appeals · 1885
- Kendrick's EstateNew York Surrogate's Court · 1885
- Visscher v. WesleyNew York Surrogate's Court · 1885