Minor v. Jones
New York Surrogate's Court
This was a motion to confirm a report of the late Surrogate Van Schaick, made by him, as referee, appointed by the late Surrogate Hutchings, which had been submitted to Mr. Van Schaick, after he succeeded Mr. Hutchings, as Surrogate, with the understanding that the whole question was open for consideration.
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This was a motion to confirm a report of the late Surrogate Van Schaick, made by him, as referee, appointed by the late Surrogate Hutchings, which had been submitted to Mr. Van Schaick, after he succeeded Mr. Hutchings, as Surrogate, with the understanding that the whole question was open for consideration. The facts in evidence were as follows : The intestate, Anthony Jones, died in the city of New York, April 15, 1873. He was a colored man, born in Virginia, a slave, the property (so called) of William Jones, who resided at the Wilderness, Spottsylvania County, Virginia. The deceased worked…
1Opinion of the Court
The Surrogate.
questions to be determined in these proceedings, are, whether the alleged marriage of Anthony Jones and Patsy Minor, was such a marriage as should be recognized as valid and binding by the laws of the State of New York, so that Patsy Minor shall be entitled to a share of her husband’s estate, as the widow; and whether Anthony Smith is legitimate, so that he is entitled to receive the residue of his father’s estate, as next of kin, under the laws of this state.
It is admitted substantially by the respective coun sel, that under the statute of Virginia, at the time when the alleged…
2Cases cited8 opinions
- Clayton v. . WardellNew York Court of Appeals · 1850
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- In re TaylorNew York Court of Chancery · 1842
- Lemmon v. . People.New York Court of Appeals · 1860
- Jackson ex dem. People v. LerveyNew York Supreme Court · 1826
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3Cited by2 opinions
- In re the Final Judicial Settlement of the Account of Proceedings of SeymourNew York Surrogate's Court · 1920
- Irving v. FordMassachusetts Supreme Judicial Court · 1901