Legal Opinion

In re the Judicial Settlement of the Account of Mathewson

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1924PublishedCited by 12 opinions

1Per curiam

The petitioner, Ella J. Winegar, was the owner of a life estate in a Steuben county farm as to an undivided one-third by reason of her right of dower and as to the remaining undivided two-thirds as a devisee under the will of her daughter. (Durfee v. Pomeroy, 154 N. Y. 583; Monarque v. Monarque, 80 id. 320; Bailey v. Bailey, 97 id. 460.) Upon the death of her daughter the life estate vested in her at once irrespective of the failure to probate the' will. (Alfred University v. Frace, 193 App. Div. 279.) The executor named in the will had nothing to do with putting her in possession and her…

2Cases cited4 opinions

  1. In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
  2. In re the Estate of MondshainAppellate Division of the Supreme Court of the State of New York · 1919
  3. Alfred University v. FraceAppellate Division of the Supreme Court of the State of New York · 1920
  4. Durfee v. . PomeroyNew York Court of Appeals · 1898

3Cited by12 opinions

  1. In re FlanaganNew York Surrogate's Court · 1929
  2. In re GoodchildNew York Surrogate's Court · 1936
  3. In re the Estate of PenoNew York Surrogate's Court · 1927
  4. In re Title Guarantee & Trust Co.New York Surrogate's Court · 1927
  5. In re the Estate of GrubeNew York Surrogate's Court · 1937

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