In re Rathyen
Appellate Division of the Supreme Court of the State of New York
Appeal by John II. Smith and another, individually and as administrators, etc., from a decree of the Surrogate’s Court of the county of Richmond, entered in said Surrogate’s Court on the 20th day of June, 1906.
1Opinion of the Court
Jenks, J.:
The appeal is from a decree of the Surrogate’s Court of Richmond county revoking letters c. t. a. issued upon, the estate of John Rathyen, upon the ground that they were obtained upon the false suggestion to the surrogate that there remained unadministered certain personal property to the value of $4,000. Rathyen died in 1889, testate. He gave the estate to his widow for her life. After devise of certain specific realty, subject to said life estate, he directed that “ upon the death of. my said wife all the rest, residue and remainder of my property be sold and converted into money…
2Cases cited4 opinions
- Kerr v. . KerrNew York Court of Appeals · 1869
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Jennings v. . ConboyNew York Court of Appeals · 1878
- Forman v. . MarshNew York Court of Appeals · 1854
3Cited by3 opinions
- Kirchhof v. RamseyNew York Supreme Court · 1934
- In re the Estate of BaraschNew York Surrogate's Court · 1962
- In re Letters of Administration with the Will Annexed of GoodsAppellate Division of the Supreme Court of the State of New York · 1909