Legal Opinion

In re the Judicial Settlement of the Account of McInnes

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

Decided May 10, 1907PublishedCited by 5 opinions

Appeal by Biedrich Otterstedt and another, as executors, 'etc., of Henry Gerdes,'deceased, from'a decree of the. Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court On.the 18th day of April, 1906, judicially settling the account of the' . executor of Margaretha Gerdes, deceased.

1Opinion of the Court

Hirschberg, P. J.:

The testatrix left personal -property only.- She left neither parent nor descendant surviving her. 'Both - she and "her husband were victims of the disaster which resulted in the burninsr- and *441wreck of the steamer General Slocum on the forenoon of June 15, 190.4. Her body was recovered on the day óf the accident, and that of her husband about one week afterward. The question chiefly . litigated in the court • below, and the only one presented on this appeal, was whether thére was evidence sufficiently establishing the fact that her husband survived her. The learned surrogate…

2Cases cited2 opinions

  1. Newell v. . NicholsNew York Court of Appeals · 1878
  2. St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by5 opinions

  1. In re the Estate of Di BellaNew York Surrogate's Court · 1950
  2. In re the Judicial Settlement of the Account of Proceedings of HammerNew York Surrogate's Court · 1917
  3. In re the Judicial Settlement of the Account of LottNew York Surrogate's Court · 1909
  4. Dunn v. New Amsterdam Casualty Co.City of New York Municipal Court · 1909
  5. In re the Estate of DowsNew York Surrogate's Court · 1966

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