Legal Opinion

In re the Estate of Smith

New York Surrogate's Court

Decided December 18, 1891PublishedCited by 1 opinion

Proceedings for appointment of administrator with will annexed.

1Opinion of the Court

Sherman, S.

The petition for the probate of this will alleged that the deceased died at Harmony, Chautauqua County, December 13, 1889, leaving personal property not exceeding in value $2,500, and real estate not worth over $4,000. Deceased left no widow, but one niece, Mrs. C. C. Hawley, his only heir at law, and made his will dated November 28, 1889, and appointed said Emeline Gaynor, his housekeeper, sole executrix thereof, which will was duly probated February 3, 1890, and letters testamentary issued to her.

The following are the material portions of such will: “After all my debts are paid…

2Cases cited2 opinions

  1. Riggs v. . CraggNew York Court of Appeals · 1882
  2. In the Matter of the Petition of BarclayNew York Court of Appeals · 1883

3Cited by1 opinion

  1. In re the Proceedings for the Probate of the Will of DavisNew York Surrogate's Court · 1908

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