Legal Opinion

In Re the Estate of Matthews

New York Court of Appeals

Decided October 5, 1897PublishedCited by 45 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1896, which affirmed a decree of the acting surrogate of the county of Queens. The decree was on a final settlement of the accounts of the executor of the last will and testament of Maryette Matthews, deceased.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1896, which affirmed a decree of the acting surrogate of the county of Queens. The decree was on a final settlement of the accounts of the executor of the last will and testament of Maryette Matthews, deceased. The appeal to the Appellate Division was from only so much of the decree as decided that the respondents, who are the children of Harriet Smith, were entitled to share in the distribution of the estate. The proceeding was initiated by a petition filed by the…

1Opinion of the CourtMartin, J.

On the trial the Surrogate’s Court held that, as the decedent and Harriet Smith were children of the same mother, and there was no evidence showing that she had not been married previously to the birth of the latter, she was presumed to be her legitimate child, and the burden of establishing her illegitimacy was upon the appellants. If the learned acting surrogate was correct in his conclusion as to the presumption of legitimacy we think he was justified in holding that the evidence introduced by the appellants was insufficient to overcome it. The question was at least one of fact, and,…

2Cases cited4 opinions

  1. Hynes v. . McDermottNew York Court of Appeals · 1883
  2. Caujolle v. . FerrieNew York Court of Appeals · 1861
  3. Badger v. . BadgerNew York Court of Appeals · 1882
  4. Caujolle v. FerrieNew York Supreme Court · 1857

3Cited by45 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1956
  3. In re the Estate of LeslieAppellate Division of the Supreme Court of the State of New York · 1916
  4. In re the Estate of SmithNew York Surrogate's Court · 1930
  5. Houghton v. HoughtonNebraska Supreme Court · 1965

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