Marsellis v. Thalhimer
New York Court of Chancery
This was an appeal from the sentence and decree of the surrogate of Rensselaer county, on the settlement of the account of the administration of the estate of Gilbert Marsellis deceased.
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This was an appeal from the sentence and decree of the surrogate of Rensselaer county, on the settlement of the account of the administration of the estate of Gilbert Marsellis deceased. The only question presented for the decision of the surrogate or of this court was whether the appellant, the widow- of the i intestate, was entitled to the whole or only one half of the personal estafe,.under the statute of distributions. ■ At the death of ttie intestate he had ho children, but the proctor for • the appellant insisted that she was entitled to. the whole estate; to one third thereof as the…
1Opinion of the Court
The Chancellor.
It is at this day a well settled rule of law relative to successions, and to most other cases in relation to infants, that a child in ventre sa mere, as to every purpose where it is for the benefit of the child, is to be considered in esse. Thus in Doe v. Clarke, (2 Hen. Black. R. 399,) where the devise was to every child of C. which should be living at the time of his death, a posthumous child of C *40was held entitled under the devise, . In Miller v. Turner, (1 Ves. sen 85,) a posthumous child was held entitled, under, a provision in'the marriage articles for every child who…
2Cited by26 opinions
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Nugent v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Prescott v. RobinsonSupreme Court of New Hampshire · 1908
- Cooper v. HeathertonAppellate Division of the Supreme Court of the State of New York · 1901
- Quinlen v. WelchNew York Supreme Court · 1893
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