Hill v. Nye
New York Supreme Court
Appeal from a decision of the surrogate of Genesee county in respect to the distribution of the property of Norman F. Kelsey, deceased. The decree gave the entire fund to Jonas W. Nye, the grandfather on the mother’s side, to the entire exclusion of Cheney and Catharine Hill, the grandfather and grandmother on the father’s side of the said Norman F. Kelsey, deceased. In 1875 Norman F. Kelsey died intestate, and an infant of about seventeen years of age.
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Appeal from a decision of the surrogate of Genesee county in respect to the distribution of the property of Norman F. Kelsey, deceased. The decree gave the entire fund to Jonas W. Nye, the grandfather on the mother’s side, to the entire exclusion of Cheney and Catharine Hill, the grandfather and grandmother on the father’s side of the said Norman F. Kelsey, deceased. In 1875 Norman F. Kelsey died intestate, and an infant of about seventeen years of age. He was the son of Delos Kelsey, who was the son of Cheney Hill and Catharine Hill. Delos Kelsey, the father of Norman F. Kelsey, died in…
1Opinion of the Court
Hardin, J.:
The surrogate was entirely right in holding that the funds which came to the administrators of Norman F Kelsey, deceased, were personal estate. The will of his father, Delos Kelsey, gave *459to him in terms half of his real and personal property. It directed a sale of his real estate by his executor, and the investment of one-half of the proceeds thereof “ in mortgage or in mortgages on real estate,” and that after the education and support that were to be given to Norman “ the principal sum and any interest ” * * * shall be paid to him. The conversion was complete without any election…
2Cases cited6 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Horton v. . McCoyNew York Court of Appeals · 1871
- Wood v. OakleyNew York Court of Chancery · 1845
- Bogert v. FurmanNew York Court of Chancery · 1843
- Sweezey v. WillisNew York Surrogate's Court · 1851
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