Hitchcock v. Wiltsie
New York Surrogate's Court
Amt Hitchcock, a legatee under decedent’s will, having filed a petition, under Code Civ. Pro., § 2717, for the payment of her legacy, a citation was issued, at the return whereof all parties interested appeared and the executors filed their account. The widow, who was also executrix, presented a personal claim against the estate of her husband and testator, the facts relating to which are sufficiently set forth in the opinion.
1Opinion of the Court
The Surrogate.
The claimant, who was Malvina Huntley by name, married the testator in 1860. About a month prior to the marriage, testator conveyed to her a farm situate in the town of Allegany, in this county; on April 1st, 1867, claimant sold this farm to one Leonard Sprague for $4,400, of which 1,000 were paid in cash to her husband, James Wiltsie, and $3,400 were secured by a purchase-money mortgage, payable to Mrs. Wiltsie.
*257This sum of $1,000 was invested by Mr. Wiltsie in a real estate mortgage against Nathan A. Dye, bearing date April 4th, 1867, and payable to Wiltsie himself, as…
2Cases cited9 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Payne v. . GardinerNew York Court of Appeals · 1864
- Harper v. . FairleyNew York Court of Appeals · 1873
- Smith v. . RyanNew York Court of Appeals · 1876
- Pardee v. . FishNew York Court of Appeals · 1875
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