Legal Opinion

In re the Application for Letters of Administration upon the Estate of Smith

New York Surrogate's Court

Decided May 15, 1912PublishedCited by 7 opinions

Application for letters of administration upon the estate of a person -alleged to be deceased.

1Opinion of the Court

Fowler, S.

This is a direct application upon an allegation of death for letters of administration upon the estate of Julia Smith, who disappeared many years since and never again has been heard from. Citation has been duly served by publication pursuant to an order of this court. In Matter of Matthews, 75 Misc. Rep. 449, the surrogate declined to presume the death of Julia Smith, one of the next of kin of John Matthews, on the ground that such a presumption should be made only in a direct proceeding, and that it should be confined to the death of an intestate whose estate is to be…

2Cases cited9 opinions

  1. Eagle's CaseNew York Surrogate's Court · 1856
  2. In re the Judicial Settlement of the account WagenerAppellate Division of the Supreme Court of the State of New York · 1911
  3. Inhabitants of Hyde Park v. Inhabitants of CantonMassachusetts Supreme Judicial Court · 1881
  4. M'Comb v. WrightNew York Court of Chancery · 1821
  5. In re the Estate of MatthewsNew York Surrogate's Court · 1912

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3Cited by7 opinions

  1. In re the Estate of KatzNew York Surrogate's Court · 1930
  2. Modern Woodmen of America v. GhromleySupreme Court of Oklahoma · 1914
  3. In re the Accounting of RuegeNew York Surrogate's Court · 1950
  4. In re the Estate of FeehanNew York Surrogate's Court · 1932
  5. In re the Judicial Settlement of the Accounts of BenjaminNew York Surrogate's Court · 1912

2 more not listed; retrieve them via the Exa API.

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