Crawford v. . Nassoy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 24, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and-the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 24, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and-the facts, so far as material, are stated in the opinion. When a husband dies the widow is not compelled to wait three months until she can compel an inventory before she is entitled to relieve her immediate necessities .from her husband’s estate without subjecting herself to a suit at the hands of the…
1Opinion of the CourtO’Brien, J.
The courts below have sustained a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The basis of the action is to be found in the provisions of § 2713 of the Code. That •section enacts, among other things, that if a man having a family die leaving a widow but no minor children, then certain property specified and enumerated in the section shall belong to the widow. On the death of the husband the legal title to the property thus reserved for her and specified in the statute vests in the widow. The statute declares that it shall not…
2Cited by16 opinions
- In re the Estate of DriscollNew York Surrogate's Court · 1958
- In re the Estate of McNamaraNew York Surrogate's Court · 1930
- In re the Estate of MacnealNew York Surrogate's Court · 1940
- In re the Accounting of ColeNew York Surrogate's Court · 1958
- In re the Estate of AcklerNew York Surrogate's Court · 1938
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