Betsinger v. . Chapman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made January 25, 1881, which affirmed an order of Special Term denying a motion for a new trial herein, after verdict for plaintiff. (Reported below, 24 Hun, 15.) The nature of the action and the material facts are stated in the opinion. The term “next of kin” does not legally include the widow. It means relatives in blood only.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made January 25, 1881, which affirmed an order of Special Term denying a motion for a new trial herein, after verdict for plaintiff. (Reported below, 24 Hun, 15.) The nature of the action and the material facts are stated in the opinion. The term “next of kin” does not legally include the widow. It means relatives in blood only. (Bouvier’s Law Dictionary, “Next of Kin;” Redfield on Wills, 77, § 13; 2 Kent’s Comm. 136; Murdock v. Ward, 67 N. Y. 387; Fettiplace v. Gorges, 1 Vesey, Jr., 46; Garrick v.…
1Opinion of the Court
Andrews, Ch: J.
The plaintiff claiming to be the widow of Peter Betsinger, deceased, brought this action to recover her distributive share of his estate, under sections 9 and 10, title 5, chapter 6, part 2, of the Revised Statutes. Section 9 provides that “ if after the expiration of one year from the granting of letters testamentary or of administration, there be- more than sufficient assets in the hands of any executor or administrator to discharge .the debts of the testator or intestate; and if after reasonable demand made, and the offer of a bond with sufficient sureties, as in the next…
2Cases cited8 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Clayton v. . WardellNew York Court of Appeals · 1850
- Rose v. ClarkNew York Court of Chancery · 1841
- Murdock v. . WardNew York Court of Appeals · 1876
- Luce v. . DunhamNew York Court of Appeals · 1877
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