White v. Lowe
New York Surrogate's Court
This was an application for letters of administration upon the estate of Jacob Lowe, deceased. His sister, Margaret White, applied, and her claim was contested by Christina Lowe, claiming to be the widow of the deceased. The deceased left no descendants, parents, or brothers. The sister was, therefore, next entitled after the widow.
1Opinion of the Court
The Surrogate. — From the evidence given, I find the following facts:
That Christina, over forty years ago, was married to Lawrence Connolly, and lived with him as his wife. This was proved by the declarations and acts of Christina. (2 Greenl. Ev., § 462; 1 Cow. & 3. Notes, note, 469, 782; Jackson v. Claw, 18 Johns., 346; 1 Edw., 377, 378):
That Connolly is still alive, and Christina has never been divorced from him:
That about forty years ago, Christina and Connolly separated, and it is claimed by the applicant that she abandoned him. It appears that Connolly went to Canada temporarily, and…
2Cases cited4 opinions
- Jackson ex dem. Van Buskirk v. ClawNew York Supreme Court · 1820
- Valleau v. ValleauNew York Court of Chancery · 1836
- Williamson v. ParisienNew York Court of Chancery · 1815
- Jenkins v. BisbeeNew York Court of Chancery · 1832
3Cited by5 opinions
- Harrington v. Union Trust Co.California Supreme Court · 1903
- In re BiersackNew York Surrogate's Court · 1916
- In re the Estate of KlimenkoNew York Surrogate's Court · 1938
- In re BiersackNew York Surrogate's Court · 1916
- Wolf v. WolfNew York Supreme Court · 1920