In re the Estate of Grotrian
New York Surrogate's Court
Application of tbe executrix of Christian Grotrian, deceased, for a distribution of the proceeds of the sale of his real estate for the payment of his debts.
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Application of tbe executrix of Christian Grotrian, deceased, for a distribution of the proceeds of the sale of his real estate for the payment of his debts. The second clause of his will provided: “ I direct that my executors set apart and apply out of the income of my estate the sum of three hundred and twenty-five dollars every three months for the benefit of my wife Louise Grotrian, which sum shall be used for the care, support and maintenance of my said wife Louise Grotrian during her lifp.” The will also gave a general legacy of $1,000 to Louise Mundt, his niece. It also' directed that…
1Opinion of the Court
Thomas, S.—
I concur in the opinion of Surrogate Yar-num, rendered when this matter was before him, that on the face of the will the annuity directed to be paid to the widow does not bar her claim to dower. Matter of Grotrian, 30 Misc. Rep. 23. At that time an order was made appointing appraisers. A decree was thereafter made by Surrogate Fitzgerald directing a sale of part of the real estate of the testator, and the present application is for a decree directing as to the disposition of the proceeds of such sale. The widow is an incompetent and appears by her committee. It is now *265shown that…
2Cases cited28 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Lewis v. . SmithNew York Court of Appeals · 1854
- Pierce v. . PierceNew York Court of Appeals · 1877
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
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