In re the Estate of Witter
New York Surrogate's Court
Proceedings for the distribution of the personal estate of Mary P. Witter, deceased. . Decedent, a married woman, had resided with her husband in Allegany county in this state, and there executed her last will and testament. Thereafter and while still a resident of Allegany, county, she had two children, and having removed with her husband and children to the state of Rhode Island she there had another child, and thereafter died while a resident of that state.
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Proceedings for the distribution of the personal estate of Mary P. Witter, deceased. . Decedent, a married woman, had resided with her husband in Allegany county in this state, and there executed her last will and testament. Thereafter and while still a resident of Allegany, county, she had two children, and having removed with her husband and children to the state of Rhode Island she there had another child, and thereafter died while a resident of that state. Her property which was all personal, consisted of bonds secured by mortgages upon real estate in Allegany county. • The legacies…
1Opinion of the Court
The Surrogate.
Section 49 of the Statute of Wills of the state of New York provides, whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child so after born, unprovided for by any settlement, and neither provided fon nor in any way mentioned in such will, every such child shall succeed to the same portion of such parent’s real and personal estate as would have descended or been distributed to such child if such parent had died intestate, and shall be entitled to recover the same…
2Cases cited4 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Matter of Accounting of HughesNew York Court of Appeals · 1884
- In re BraithwaiteNew York Surrogate's Court · 1887
3Cited by4 opinions
- Estate of PattersonCalifornia Court of Appeal · 1923
- Estate of BraceCalifornia Court of Appeal · 1960
- In re the Will of CoburnNew York Surrogate's Court · 1894
- In re the Estate of WhiteNew York Surrogate's Court · 1920