Kelly v. Pratt
New York Supreme Court
William 0. Hebbing died April 5, 1862, seized of the premises in question. He devised these premises to his widow, Honora Y. Herring; she died intestate May 17, 1862, leaving as next of kin, three sisters (aliens and residents of Ireland). William C. Herring’s will was admitted to probate October 14, 1862, and letters of administration, with the will annexed, were issued to his brother, Thomas H. Herring.
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William 0. Hebbing died April 5, 1862, seized of the premises in question. He devised these premises to his widow, Honora Y. Herring; she died intestate May 17, 1862, leaving as next of kin, three sisters (aliens and residents of Ireland). William C. Herring’s will was admitted to probate October 14, 1862, and letters of administration, with the will annexed, were issued to his brother, Thomas H. Herring. The taxes on this property for the years 1861 and 1862 were allowed by the administrator to remain unpaid until October, 1866, when he permitted the property to be sold for nonpayment…
1Opinion of the CourtFitzgerald, J.
Honora V. Herring died intestate May 17, 1862, seized of the premises which are the subject-matter of this action. Three nonresident alien sisters, Catherine Donnelly, Mary Brennan and Bridget Dawley, survived her. At that time nonresident aliens were incompetent to inherit (Laws of 1845, chap. 115), and there being no other heirs the property escheated to the State. The intestate had acquired the property by devise from her husband, William *33C. Herring, whose death preceded hers by a few weeks (April 5, 1862). He had nominated her as executrix of his will, but she had not qualified as such…
2Cases cited10 opinions
- Higgins v. . CrouseNew York Court of Appeals · 1895
- Johnston v. . SpicerNew York Court of Appeals · 1887
- People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
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3Cited by2 opinions
- State Ex Rel. Roberts, Co. v. Indian Territory Illuminating Oil Co.Supreme Court of Oklahoma · 1912
- State v. ClementsSupreme Court of Alabama · 1930