Legal Opinion

In re the Estate of Wylie

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

Decided May 7, 1919PublishedCited by 7 opinions

Appeal by Mark L. Sheldon and another, as executors, from a decree of the Surrogate’s Court of the county of Washington, entered in the office of said Surrogate’s Court on the 16th day of December, 1918.

1Opinion of the Court

H. T. Kellogg, J.:

This is an appeal from an order of a surrogate directing the executors of the will of John W. Wylie to set apart to his surviving wife, Jessie C. Wylie, certain personal, property of the class exempted by law for the benefit of widows.

On the 23d of May, 1893, John W. Wylie and Jessie C. Wylie, being then husband and wife, entered into an agreement of separation. The husband paid to his wife the sum of $575, and in consideration of such payment the wife agreed to release him from all marital obligations. The agreement was written in duplicate, and each party received a copy.…

2Cases cited1 opinion

  1. McCaughey v. . SmithNew York Court of Appeals · 1863

3Cited by7 opinions

  1. In re the Estate of BrownNew York Surrogate's Court · 1934
  2. In re the Estate of GriffithNew York Surrogate's Court · 1938
  3. In re the Estate of TierneyNew York Surrogate's Court · 1933
  4. In re Proving the Last Will & Testament of KiltzNew York Surrogate's Court · 1925
  5. In re the Estate of LeeNew York Surrogate's Court · 1957

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