Wood v. Rusco
New York Surrogate's Court
On August 16, 1871, letters of administration on the estate of the intestate were issued to Silas B. Busco, on his petition, which set forth among other things, that he was a half-brother of the intestate, that he left him surviving no widow or child, but left a mother, whose renunciation of her right to administer, was produced and filed.
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On August 16, 1871, letters of administration on the estate of the intestate were issued to Silas B. Busco, on his petition, which set forth among other things, that he was a half-brother of the intestate, that he left him surviving no widow or child, but left a mother, whose renunciation of her right to administer, was produced and filed. The administrator filed an inventory of the personal estate on the 28th day of the same month, amounting to $655.71. On March 26, 1880, Harriet E. Wood claiming to be the widow of the intestate, but having remarried, filed a petition in which she prayed for…
1Opinion of the Court
The Surrogate.—There can be no question that the petitioner was the widow of the intestate, nor is the objection that she was not, seriously urged.
The leading case of McCartee v. Cornel (1 Barb. Ch., 455), cited to support the objection of the statute of limitations against the widow’s claim, does not determine the question as to whether a court of common law had jurisdiction in such a case as this, nor do any of the subsequent cases.
All the authorities cited by the learned counsel for the administrator, so far as they discuss the question, agree that independent of any statute on the…
2Cases cited5 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- McCartee v. CamelNew York Court of Chancery · 1846
- Williams v. PurdyNew York Court of Chancery · 1836
- Wright v. PaigeNew York Supreme Court · 1862
- Treat v. FortuneNew York Surrogate's Court · 1852
3Cited by2 opinions
- In re the judicial settlement of the account of ClaytonNew York Surrogate's Court · 1889
- In re the Judicial Settlement of the Accounts of Van BurenNew York Surrogate's Court · 1896