Hallett v. Hare
New York Court of Chancery
This was an appeal from the sentence or decree of the surjrogate of the county,of Kings. Susan Hallett died intestate, and the appellant, James Hallett, administered on her estate. At the time of her death she left no relatives, either in the direct line of descent or ascent; and her nearest collateral relatives were Mrs. Hare, an aunt of the half blood, on the part of the decedent’s father, and P. Penfold, an aunt of the whole blood, on the part of the mother.
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This was an appeal from the sentence or decree of the surjrogate of the county,of Kings. Susan Hallett died intestate, and the appellant, James Hallett, administered on her estate. At the time of her death she left no relatives, either in the direct line of descent or ascent; and her nearest collateral relatives were Mrs. Hare, an aunt of the half blood, on the part of the decedent’s father, and P. Penfold, an aunt of the whole blood, on the part of the mother. Hare, the respondent, cited the administrator to account, and the surrogate decided and decreed that the respondent, as the…
1Opinion of the Court
The Chancellor.
There can be no doubt, in this case, that the respondent, in right of his wife, was entitled to the one half of the personal estate of the decedent. No represen? tation being allowed among collaterals beyond brothers and sisters’ children, the two aunts, who were the nearest relatives, .and in the same degree of kindred to the intestate, were entitled to share equally in her personal property. The 1.2th subdivision of the 75th section of the article of the revised statutes, relative to the duties of executors and administrators, in making distribution to the next of kin, (2 R.…
2Cited by7 opinions
- Du Bois v. BrownNew York Surrogate's Court · 1882
- Wagner v. SharpNew Jersey Superior Court Appellate Division · 1881
- Field v. FieldNew York Surrogate's Court · 1876
- In re the Judicial Settlement of the Account of BrownNew York Surrogate's Court · 1883
- In re Bell's EstateNew York Surrogate's Court · 1895
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