In re the Judicial Settlement of the Account of Smith
New York Surrogate's Court
Settlement of interrogatories, to be annexed to letters rogatory to take the testimony of the Right Honorable Judge of the Royal District Court in Berlin, Prussia, pursuant to section 913, Code of Civil Procedure. The application for letters rogotary was contested. Matter of Smith, 79 Misc. Rep. 77.
1Opinion of the Court
Fowler, S.
In this matter two persons are claiming the one-half of the estate of the intestate which does not, under the Statute of Distributions, pass to the intestate’s widow, who is the administratrix herein. The counterclaimants are *390the brother of the intestate and Ruth Hopkins Smith, claiming to have been adopted in Germany by the intestate. If the German adoption is regular and valid, the adopted daughter will exclude the brother. The brother denies the validity and regularity of the adoption of Ruth Hopkins Smith, and letters rogatory have at his instance been directed to issue out of…
2Cases cited4 opinions
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Wanamaker v. . MegrawNew York Court of Appeals · 1901
- Walton v. GodwinNew York Supreme Court · 1889
- Clifford v. Denver & Rio Grande RailroadAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Smyth v. T. A. Gillespie Co.Appellate Division of the Supreme Court of the State of New York · 1913