Legal Opinion

In re the Estate of Doherty

New York Surrogate's Court

Decided May 4, 1935PublishedCited by 5 opinions

1Opinion of the Court

Wingate, S.

The petition in this voluntary accounting by an administratrix includes, as among the statutory distributees, the name of “ Walter Doherty (if living) Son, Address unknown.” It also contains the following allegation: “ That Walter Doherty, however, one of the next of kin of deceased, disappeared in or about the year 1913 and has not been heard of, or seen since, as more fully set forth in affidavits filed with the court in this proceeding. That over twenty years have elapsed since said disappearance giving rise to the legal presumption that the said Walter Doherty predeceased the…

2Cases cited16 opinions

  1. Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
  2. In Re the Probate of the Will of CookNew York Court of Appeals · 1926
  3. MacKellar v. . RogersNew York Court of Appeals · 1888
  4. Butler v. . Mutual Life Ins. Co.New York Court of Appeals · 1919
  5. McKenna v. MeehanNew York Court of Appeals · 1928

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3Cited by5 opinions

  1. In re the Estate of LuriaNew York Surrogate's Court · 1970
  2. In re the Estate of LudlamNew York Surrogate's Court · 1957
  3. In re the Estate of RatzNew York Surrogate's Court · 1936
  4. In re the Estate of GarfieldNew York Court of Appeals · 1964
  5. In re the Probate of the Will of SatterleeNew York Court of Appeals · 1957

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