Legal Opinion

In re the Estate of Sweeney

New York Surrogate's Court

Decided November 13, 1925Published

1Opinion of the Court

Evans, S.:

The decedent was the wife of the executor and by the terms of her will the executor is a legatee to the extent of one-half of the estate.

Charles Fitzsimons, the father of Mary J. F. S. Sweeney, died in Monroe county, N. Y., in the year 1887, and his will was admitted to probate in that county. JBy the terms of his will his widow, Caroline V. Fitzsimons, might divide the estate or retain it during her lifetime. The widow elected to retain the estate and no division of it was made. Mrs. Fitzsimons died March 10, 1925. This estate is now about to be divided. It is said to amount to…

2Cases cited3 opinions

  1. In re the Estate of BeyeaNew York Surrogate's Court · 1894
  2. In re the State of KennedyAppellate Division of the Supreme Court of the State of New York · 1911
  3. Monahan v. Fitzpatrick, New York County Courts1896

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