Legal Opinion

People ex rel. Brown v. Prendergast

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

Decided November 3, 1911PublishedCited by 1 opinion

'Appeal by the relators, Oliver. S. Brown and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of August, 1911, denying the relators’ motion fór a peremptory writ of mandamus directing respondent to audit and allow a claim and to draw a warrant for the same. .

1Opinion of the Court

Clarke, J.:

On April 21,1911, Michael Smith, who was a resident of the city of New York and an honorably discharged veteran who had served in the military service of the United States, died at the New York State Women’s Belief Corps Home, at Oxford, N. Y., béing at the. time an inmate of said home, leaving him surviving a widow and one adult child. Decedent had at the time of his death the sum of fifty-four • dollars, which he had saved, from his pension, and no other money or property.

The relators are undertakers! They buried the decedent in the cemetery of the said home and presented their…

2Cases cited3 opinions

  1. Crawford v. . NassoyNew York Court of Appeals · 1903
  2. In re Durscheidt's EstateNew York Supreme Court · 1892
  3. In re for an Order to Require the Administrator of the Estate of Carrie BaldwinNew York Surrogate's Court · 1910

3Cited by1 opinion

  1. In re the Estate of MacnealNew York Surrogate's Court · 1940

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