In re Grotrian
New York Surrogate's Court
Application of the executrix of Christian Grotrian, deceased, for a distribution of the proceeds of the sale of his real estate for the payment of his debts.
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Application of the executrix of Christian Grotrian, deceased, for a distribution of the proceeds of the sale of his real estate for the payment of his debts. The second clause of his will provided: “ I direct that my executors set apart and apply out of the income of my estate the sum of three hundred and twenty-five dollars every three months for the benefit of my wife Louise Grotrian, which sum shall be used for the care, support and maintenance of my said wife Louise Grotrian during her life.” The will also gave a general legacy of $1,000 to Louise Mundt, his niece. It also directed that…
1Opinion of the Court
Thomas, S.
I concur in the opinion of Surrogate Vamum, rendered when this matter was before him, that on the face of the will the annuity directed to be paid to the widow does not bar her claim to dower. Matter of Grotrian, 30 Misc. Rep. 23. At that time an order was made appointing appraisers. A decree was thereafter made by Surrogate Fitzgerald directing a sale of part of the real estate of the testator, and the present application is for a decree directing as to the disposition of the proceeds of such sale. The widow is an incompetent and appears by her committee. It is now shown that the…
2Cases cited3 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- In Re the Distribution of the Surplus Money Arising Upon the Sale of the Real Estate of ZahrtNew York Court of Appeals · 1884
- In re the Estate of GrotrianNew York Surrogate's Court · 1899
3Cited by1 opinion
- Estate of LambCalifornia Superior Court · 1910