Legal Opinion · Dissent

In re the Estate of James

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

Decided May 18, 1916Published

Appeal by Elizabeth Pratt De G-asquet James, individually and as executrix, from a decree of the Surrogate’s Court of the county of Ulster, entered in the office of said Surrogate’s Court on the 21st day of March, 1915, judicially settling her accounts herein. Also motions to dismiss an appeal.

1Dissent

Cochrane, J. (dissenting):

Amedee De G-asquet James, an American citizen born in New Orleans, but a resident of France, married in New York April 21,1881, the appellant herein, who was also an American citizen. Immediately after their marriage they went to France where they resided until the death of the former which occurred July 28, 1903. They had four children. Three of the children ' were infants at the time of the death of their father. One has since died, leaving two children who are still infants. The deceased left real and personal property in Europe and also personal property in this…

2Cases cited4 opinions

  1. Despard v. . ChurchillNew York Court of Appeals · 1873
  2. Matter of Accounting of HughesNew York Court of Appeals · 1884
  3. Lockwood v. United States Steel Corp.New York Court of Appeals · 1913
  4. In re DunnAppellate Division of the Supreme Court of the State of New York · 1899

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