Legal Opinion

In Re the Estate of Osborn

New York Court of Appeals

Decided January 30, 1917PublishedCited by 13 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1916, which affirmed an order of the Monroe County Surrogate’s Court directing the executor herein to file an inventory to the end that the exemptions specified in section 2670 of the Code of Civil Procedure might be set aside for the husband of the testator. The husband and wife lived apart though not legally separated. There were no children.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1916, which affirmed an order of the Monroe County Surrogate’s Court directing the executor herein to file an inventory to the end that the exemptions specified in section 2670 of the Code of Civil Procedure might be set aside for the husband of the testator. The husband and wife lived apart though not legally separated. There were no children. The "question was whether the deceased, at the time of her death, was a person “ having a family ” and leaving a husband her…

1Opinion of the Court

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Oardozo and Pound, JJ.

2Cited by13 opinions

  1. In Re the Estate of BurridgeNew York Court of Appeals · 1933
  2. In re the Estate of BrownNew York Surrogate's Court · 1934
  3. In re the Estate of BarnesNew York Surrogate's Court · 1933
  4. In Re DenissonWashington Supreme Court · 1938
  5. In re the Judicial Settlement of the Account of FisherNew York Surrogate's Court · 1925

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