In re the Estate of Watkins
New York Surrogate's Court
Proceeding by widow to have testator’s bequest to Cornwall Lodge No. 340 I. O. O. F. declared invalid as to one-half under section 17 of Decedent Estate Law.
1Opinion of the Court
Taylor,
Special Surrogate. The testator, by his will, devised and bequeathed all his property to Cornwall Lodge No. 340 I. O. O. F. of Cornwall-on-Hudson, to be used toward the erection of an Odd Fellows’ hall. He left a widow and by stipulation of the parties the decree admitting the will to probate determined that Mary E. Watkins “ was the lawful wedded wife of James H. Watkins, and as such she is the sole surviving widow of said decedent.”
Upon the return of the citation the widow appeared by counsel through whom she invoked the aid of section 17 of Decedent Estate Law which provides that “…
2Cases cited44 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- In Re the Transfer Tax Upon the Estate of De PeysterNew York Court of Appeals · 1914
- Hibernian Benevolent Society v. KellyOregon Supreme Court · 1895
- Fitterer v. CrawfordSupreme Court of Missouri · 1900
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3Cited by4 opinions
- In re the Estate of UphamNew York Surrogate's Court · 1936
- People ex rel. Sexton v. Warden of Female WorkhouseAppellate Division of the Supreme Court of the State of New York · 1926
- Slenker v. Grand Lodge of State of Illinois of Independent Order of Odd FellowsAppellate Court of Illinois · 1949
- Dakota Lodge No. 1, I. O. v. Yankton CountySouth Dakota Supreme Court · 1929