Legal Opinion

In re Durscheidt's Estate

New York Supreme Court

Decided July 22, 1892PublishedCited by 3 opinions

Appeal from surrogate’s court, Kings county.- Petition by Sophia Durscheidt, widow of Jacob Durscheidt, deceased, for an order directing Anna Woelling, as executrix of Jacob Durscheidt, to pay over to petitioner the sum of $150 out of the money remaining to the credit of said estate, and deliver to her the articles of furniture mentioned in the inventory.

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Appeal from surrogate’s court, Kings county.- Petition by Sophia Durscheidt, widow of Jacob Durscheidt, deceased, for an order directing Anna Woelling, as executrix of Jacob Durscheidt, to pay over to petitioner the sum of $150 out of the money remaining to the credit of said estate, and deliver to her the articles of furniture mentioned in the inventory. The executrix appeals from so much of an order of the surrogate-granting the petition as directs payment to the petitioner of the money.

1Opinion of the CourtBarnard, P. J.

The testator left a very small estate, consisting of furniture of the value of $50, and $614 -cash. He left a widow. The appraisers set apart the furniture of deceased for the use of the widow, and also set apart for her $150 in cash, under chapter 157, Laws 1842. The words of this act provide the exemption in favor of the widow to be “necessary household furniture, provisions, or other personal property” of the value of not over $150. The court of appeals in Re Frazer, 92 N. Y. 239, held that, when the-husband gave all the household property to his wife, the $150 exemption could be given out…

2Cases cited2 opinions

  1. In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
  2. Lyendecker v. EisemannNew York Surrogate's Court · 1885

3Cited by3 opinions

  1. Crawford v. NassoyAppellate Division of the Supreme Court of the State of New York · 1900
  2. In re the Judicial Settlement of the Estate of GriffithNew York Surrogate's Court · 1906
  3. People ex rel. Brown v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1911

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