Legal Opinion

Schmitt v. Kahrs

New York Surrogate's Court

Decided November 15, 1882Published

Application by Susannah Schmitt, testator’s widow, for an order for the payment to her of certain moneys out of his estate, for the support of his infant children; opposed by Cord Kahrs and Jacob Zahn, executors and trustees. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

The widow of the testator asks the court to direct the payment, out of the funds of the estate, of certain moneys for the support and maintenance of the testator’s minor children, the youngest of whom is now fifteen years old.

The testator bequeathed the income of certain leasehold property to his widow for the support and maintenance of herself and of his minor children. He bequeathed to her, outright and without reference to the children, the proceeds arising from the sale of a barber’s shop, and, also, certain moneys in bank. He directed that a certain house and lot should be…

2Cases cited4 opinions

  1. Riggs v. . CraggNew York Court of Appeals · 1882
  2. In re RyderNew York Court of Chancery · 1844
  3. In re G. C. DavisonNew York Court of Chancery · 1836
  4. In re TurnerNew York Supreme Court · 1851

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