Langrick v. Roe

The final judgment in the partition action did not, as between the parties to this appeal, determine that Michael Lynch had survived William Rowe. The referee merely held that the proof adduced was ‘ ‘ insufficient to raise a presumption,” and accordingly the decree directed that the share be deposited.

The issue of Michael Lynch’s survival was later formally presented to the surrogate on notice to all parties. On the additional evidence presented, the surrogate determined that Michael Lynch had not survived William Rowe, but had predeceased him, and the decree entered on the accounting…