Woodruff v. Woodruff
New York Surrogate's Court
Application by Susan M. Woodruff, decedent’s widow, for the revocation of letters of administration issued upon the estate of decedent, who died October 26th, 1884, to William EL Woodruff, his brother, after citation to the widow to show cause why the appointment should not be made.
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Application by Susan M. Woodruff, decedent’s widow, for the revocation of letters of administration issued upon the estate of decedent, who died October 26th, 1884, to William EL Woodruff, his brother, after citation to the widow to show cause why the appointment should not be made. The petition alleged that the administrator, after his appointment, by means of misrepresentations as to the amount of the personal estate, and outstanding claims against the deceased, induced petitioner to execute an assignment, in blank, of her interest in the personal estate, for a sum which he then paid her;…
1Opinion of the Court
The Surrogate.
This motion to dismiss is made upon the petition itself, before answer, upon the ground that the petitioner, by her own showing, is not a person interested in the estate, within the meaning of the statute, Code Civ. Pro., § 2685. By the petition, it appears that the petitioner is the widow of the deceased. She would, as such, be entitled to a distributive share of the estate. It, however, also appears that she has executed a release or assignment of this interest, whereby the defendant claims that all her interest in the estate was divested, and therefore she cannot institute…
2Cases cited2 opinions
- Riggs v. . CraggNew York Court of Appeals · 1882
- Harris v. MeyerNew York Surrogate's Court · 1879