Renholm v. Public Administrator
New York Surrogate's Court
Petition for letters of administration upon the estate of Maria Renholm, otherwise Meyer, deceased. Andrew Renholm filed his petition setting forth that he was the husband of the deceased, who died intestate, in New York, the 19th December, 1876, and that she died possessed of certain personal property in that city, which did not exceed Si,300, and that she left her surviving no next of kin.
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Petition for letters of administration upon the estate of Maria Renholm, otherwise Meyer, deceased. Andrew Renholm filed his petition setting forth that he was the husband of the deceased, who died intestate, in New York, the 19th December, 1876, and that she died possessed of certain personal property in that city, which did not exceed Si,300, and that she left her surviving no next of kin. The public administrator appeared and answered, denying that the petitioner was the husband of the intestate, and applied for letters of administration, on the ground that the intestate left no next of…
1Opinion of the Court
The Surrogate.
An examination of the testimony in this case, but for the conclusiorea chensd by the referee, who had the opportunity to see, and could best judge of the credibility of the witnesses, would leave *458the matter in very serious doubt, whether or not there was a verbal agreement between the husband and the intestate, to live together as man and wife. The law is well settled in this state, that a marriage is complete, if there be a full, free, and mutual consent between parties capable of contracting, though not followed by cohabitation. (Jackson v. Winne, 7 Wend., 47.) A marriage may…
2Cases cited3 opinions
- Clayton v. . WardellNew York Court of Appeals · 1850
- Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831
- Christy v. ClarkeNew York Supreme Court · 1866
3Cited by1 opinion
- In re Revocation of Letters Testamentary Issued Upon the Estate of ReinhardtNew York Surrogate's Court · 1915