Rose v. Clark
New York Court of Chancery
This was an appeal from a sentence or decree of the surrogate of the county of Rensselaer, declaring that Abigail Rose, the respondent’s intestate, the widow of John Rose deceased, became entitled to one third of his personal estate ; and decreeing payment thereof to the respondent as her personal representative.
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This was an appeal from a sentence or decree of the surrogate of the county of Rensselaer, declaring that Abigail Rose, the respondent’s intestate, the widow of John Rose deceased, became entitled to one third of his personal estate ; and decreeing payment thereof to the respondent as her personal representative. From the testimony in the case it appeared, that a little more than fifty years since, Abigail Rose, then Abigail Roberts, was married to Jonas Frink, at Hoosick, and that after living together a short time they separated ; that some time afterwards Frink married another woman and…
1Opinion of the Court
The Chancellor.
The appellants’ counsel insists, among other things, that by the death of Mrs. Rose, within the time fixed by the revised statutes for calling the administrators to account, the whple estate of her deceased husband went to his next of :kin. In this, however, the construction which the counsel supposes to be given to the first and fourth subdivisions c f the seventy-fifth section of the title of the revised statqtes relative to the duties of executors and administrators m rendering an account and in making distribution to thye next of kin, is clearly wrong. Although the statute…
2Cases cited2 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Jackson ex dem. Van Buskirk v. ClawNew York Supreme Court · 1820
3Cited by51 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Teter v. TeterIndiana Supreme Court · 1885
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
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