Legal Opinion

Brantingham v. Huff

New York Court of Appeals

Decided March 1, 1898PublishedCited by 61 opinions

Appeal from an order of the Appellate Division of the Supreme • Court in. the second judicial department, entered December 17, 1897, affirming an order of the Surrogate’s Court of Westchester county dismissing the petition of the appellant for leave to intervene and file objections to the probate of the will of Joseph Thorne, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme • Court in. the second judicial department, entered December 17, 1897, affirming an order of the Surrogate’s Court of Westchester county dismissing the petition of the appellant for leave to intervene and file objections to the probate of the will of Joseph Thorne, deceased. The facts, so far as material, are stated in the opinion. The adoption in the case at bar was lawful, and has the effect of an adoption under chapter 272, Laws of 1896. (L. 1873, ch. 830, § 13; Carroll v. Collins, 6 App. Div. 106; Matter of Beach, 154 N. Y.…

1Opinion of the CourtBartlett, J.

The petitioner, May Thorne Brantingham, the appellant, seeks to intervene in the matter of the probate of the will of Joseph Thorne, deceased, on the ground that she is his lawfully adopted child and interested in the distribution of his estate. It is found by the Surrogate’s Court of Westchester county that on the 21st day of December, 1863, at the city of Hew York, Joseph Thorne, and Elizabeth, his wife, attempted to adopt the petitioner when she was one year and eleven months old (her father being dead) with the consent of her mother and the superintendent of the out-door poor, acting on…

2Cases cited3 opinions

  1. Abney v. DeLoachSupreme Court of Alabama · 1887
  2. Morrison v. Estate of SessionsMichigan Supreme Court · 1888
  3. Carroll v. CollinsAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by61 opinions

  1. In re the Adoption of Malpica-OrsiniNew York Court of Appeals · 1975
  2. Betz v. HorrNew York Court of Appeals · 1937
  3. Matter of Anonymous (St. Christopher's)New York Court of Appeals · 1976
  4. In re LivingstonAppellate Division of the Supreme Court of the State of New York · 1912
  5. In re the Adoption of Robert Paul P.New York Court of Appeals · 1984

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