In re the Judicial Settlement of the Accounts of Traver
New York Surrogate's Court
This is an application to open the decree heretofore made in this matter by the surrogate of this county. The application is made by the executor of the last will, etc., of Martha Melius, widow of Henry Melius, deceased, upon the following grounds: 1. An excusable default. 2. That the granting of the relief sought would be in furtherance of justice. The will of Henry Melius, among other things, provides as follows: “First.
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This is an application to open the decree heretofore made in this matter by the surrogate of this county. The application is made by the executor of the last will, etc., of Martha Melius, widow of Henry Melius, deceased, upon the following grounds: 1. An excusable default. 2. That the granting of the relief sought would be in furtherance of justice. The will of Henry Melius, among other things, provides as follows: “First. I give and bequeath tO' my wife Martha the sum of $1,000, of which she is to receive the use during her natural life, and as much of the principal as she might require^ and…
1Opinion of the Court
Lansing, S.
Two questions are presented upon this application.
The first is a technical one, and relates to the opening of the decree.
The second involves the construction of the provisions of the will of Henry Melius, above set forth.
Technically, Martha Melius in her lifetime had her day in court. Both she and her personal representative are bound by the decree. She was duly and legally cited to attend the' judicial settlement of the accounts of the executor of her late husband and failed to appear. She was not of unsound mind, *146but it appears that she was sick and unable to transact business at…
2Cases cited6 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Holden v. . StrongNew York Court of Appeals · 1889
- Crozier v. . BrayNew York Court of Appeals · 1890
- Matter of FlynnNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown v. CresapWest Virginia Supreme Court · 1907
- In re the Estate of ArnesonNew York Surrogate's Court · 1975
- In re the Judicial Settlement of the Accounts of DoigAppellate Division of the Supreme Court of the State of New York · 1908