In Re the Distribution of the Surplus Money Arising Upon the Sale of the Real Estate of Zahrt
New York Court of Appeals
Appeal from judgment of the General Term o£ the Supremo Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed a decree of the surrogate of the county of Kings. The nature of the decree and the material facts are stated in the opinion. The claim of dower is to be favored, and the presumption is that a provision in a will,. not expressed to be in lieu of dower, was intended as a bounty in addition.
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Appeal from judgment of the General Term o£ the Supremo Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed a decree of the surrogate of the county of Kings. The nature of the decree and the material facts are stated in the opinion. The claim of dower is to be favored, and the presumption is that a provision in a will,. not expressed to be in lieu of dower, was intended as a bounty in addition. (Sanford v. Jackson, 10 Paige, 266; Bull v. Church, 2 Denio, 430; 5 Hill, 206; Lewis v. Smith, 9 N. Y. 502; Fuller v. Fates, 8 Paige, 325; Leonard v.…
1Opinion of the CourtEarl, J.
This is an appeal taken by Eliza Zahrt, the widow of John C. Zahrt, deceased, from a decree of the Surrogate’s Court of Kings county, made upon the distribution of surplus moneys, amounting to upwards of §3,000, arising from a sale of certain real estate owned by the deceased at the time of his death, upon the foreclosure of a mortgage thereon. On the hearing before the surrogate, the appellant claimed dower in one-third of the surplus money, and asked to have the gross sum representing the value thereof, computed pursuant to section 2793 of the Code of Civil Procedure, paid to her; and she…
2Cases cited1 opinion
- Lewis v. . SmithNew York Court of Appeals · 1854
3Cited by23 opinions
- In Re the Accounting of GordenNew York Court of Appeals · 1902
- In re the Estate of GotzianSupreme Court of Minnesota · 1885
- Horstmann v. . FlegeNew York Court of Appeals · 1902
- Kimbel v. KimbelAppellate Division of the Supreme Court of the State of New York · 1897
- Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 1907
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