In re the Accounting of Hall
Appellate Division of the Supreme Court of the State of New York
Appeal by Howard Fithian Kingman, by George Lawyer, his guardian ad litem, from a decree of the Surrogate’s Court of the county of Albany, entered in the office of said surrogate on the 18th day of May, 1900, awarding to Antonia Hill Robinson a trust fund under the will of Susan Benedict, deceased. This proceeding was instituted by Lewis B. Hall, as administrator with the will annexed of Susan Benedict, deceased.
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Appeal by Howard Fithian Kingman, by George Lawyer, his guardian ad litem, from a decree of the Surrogate’s Court of the county of Albany, entered in the office of said surrogate on the 18th day of May, 1900, awarding to Antonia Hill Robinson a trust fund under the will of Susan Benedict, deceased. This proceeding was instituted by Lewis B. Hall, as administrator with the will annexed of Susan Benedict, deceased. The controversy is to détermine the title to a fund provided for by the 2d clause of the 1st codicil of that will. This clause reads as follows: “I give to my executors the sum of'…
1Opinion of the Court
Smith, J.:
Unless the appellant was the illegitimate son of Alice Maude Eithian and, therefore, not of kin-to Ella Maria Eithian named in the will, the decree of the surrogate cannot stand.
Edwin Eithian, the father of Alice Maude Eithian, was a retired American naval officer. While traveling in Europe the. daughter,
Alice Maude, was placed in-'a' school at Milan. From there she eloped at the age of nineteen With Alberto Martinez, a citizen of the Argentine Republic. They Went to Paris Where they stayed not more than four days when they departed for the Argentine Republic. At Paris some form of…
2Cases cited5 opinions
- Atherton v. AthertonSupreme Court of the United States · 1901
- The People v. . BakerNew York Court of Appeals · 1879
- Miller v. . MillerNew York Court of Appeals · 1883
- Bates v. ViroletAppellate Division of the Supreme Court of the State of New York · 1898
- Finn v. FinnNew York Supreme Court · 1878
3Cited by7 opinions
- Walker v. WalkerNevada Supreme Court · 1921
- In Re Circle Trading CorporationCourt of Appeals for the Second Circuit · 1928
- Starbuck v. StarbuckAppellate Division of the Supreme Court of the State of New York · 1901
- Boura v. HaskellNew York Supreme Court · 1943
- Olmsted v. OlmstedAppellate Division of the Supreme Court of the State of New York · 1907
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