Kerr v. . Kerr
New York Court of Appeals
This was an appeal from a judgment of the General Term of the Supreme Court, in the second judicial district, affirming an order and decree of the surrogate of Kings county.
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This was an appeal from a judgment of the General Term of the Supreme Court, in the second judicial district, affirming an order and decree of the surrogate of Kings county. Richard E. Kerr, died in August, 1867, intestate; on the 28th of that month Jane Kerr, the appellant, presented her petition to said surrogate, duly verified, setting forth that she was the lawful wife of said intestate at the time of his death, and now his widow, &c., &c., upon which letters testamentary were on that day duly issued to her as such widow. On the 3d day of September, 1867, another petition was presented to…
1Opinion of the Court
No question was made on the hearing, but that the letters granted to the appellant, were granted upon the representations made in the petition presented by her to the surrogate. In that petition, she stated that she was the lawful wife of said Richard E. Kerr at the time of his death, and, then, his lawful widow. It was clearly shown that she had good reason for so believing and stating; the marriage ceremony had been duly performed between her and the deceased; they had lived together as man and wife for over seven months; there were no obstacles to such a marriage on her part, and she knew…
2Cases cited6 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shelton v. TiffinSupreme Court of the United States · 1848
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Noyes v. ButlerNew York Supreme Court · 1849
- People v. BrushNew York Supreme Court · 1831
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3Cited by87 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- The People v. . BakerNew York Court of Appeals · 1879
- Jones v. . JonesNew York Court of Appeals · 1888
82 more not listed; retrieve them via the Exa API.