Searing v. Searing
New York Court of Chancery
This was an appeal from the sentence or decree of the surrogate of the county of Saratoga, upon the settlement of the account of the respondent as administratrix of the estate of Richard Searing, her deceased husband. And the only matter in dispute between the parties related to certain debts, for which she held securities in her own name at the death of the decedent; which debts the appellants, as the decedent’s next of kin, claimed as belonging to his estate.
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This was an appeal from the sentence or decree of the surrogate of the county of Saratoga, upon the settlement of the account of the respondent as administratrix of the estate of Richard Searing, her deceased husband. And the only matter in dispute between the parties related to certain debts, for which she held securities in her own name at the death of the decedent; which debts the appellants, as the decedent’s next of kin, claimed as belonging to his estate. These debts the respondent claimed as belonging to her in her own right, as the survivor of her husband. The debts were contracted…
1Opinion of the Court
The Chancellok.
It is not material in this case to inquire whether the claim of the respondent to-the debts in controversy was a legal right, or one which was purely equitable. For in either case the result must be the same when she is called upon to account before the surrogate. (Gardner v. Gardner, 7 Paige’s Rep. 112. Jumel v. Jumel, Id. 591.) As to the debts due to the respondent at the time of her marriage, there does not appear to have been any agreement between her and her husband that she-*287should have the exclusive right to the same, notwithstanding her coverture ; so as to deprive him…
2Cited by10 opinions
- Randall v. RandallMichigan Supreme Court · 1877
- Abshire v. State ex rel. WilsonIndiana Supreme Court · 1876
- Conger v. RingNew York Supreme Court · 1851
- Mason v. McNeill's ExecutorsSupreme Court of Alabama · 1853
- Beals' v. StormNew Jersey Court of Chancery · 1875
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