Bruce v. Griscom
New York Supreme Court
Appeal from an order providing for the distribution of the surplus moneys, arising from a sale under the foreclosure of a mortgage. Tbe surplus, amounting to about $9,000, arose upon the foreclosure of a mortgage, given by John H. Griscom, deceased. The claimants were his widow, three children, and a grandchild.
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Appeal from an order providing for the distribution of the surplus moneys, arising from a sale under the foreclosure of a mortgage. Tbe surplus, amounting to about $9,000, arose upon the foreclosure of a mortgage, given by John H. Griscom, deceased. The claimants were his widow, three children, and a grandchild. On the part of the three children, it was claimed that an advance of $5,000 had been made to the father of the grandchild, and that this amount should be added to the surplus before distributing the same; while, on the part of the grandchild, it was claimed that said amount was loaned…
1Opinion of the Court
Beady, J.:
An advance made by an intestate to his child, or its value, must, under our statutes, be reckoned with that part of the surplus of the personal estate which shall remain to be distributed among the children, and in accordance with the provisions relating thereto. (2 R. S., 97, §§ 76, 77, 78; 1 R. S., 754, §§ 23, 24, 25.) Inconsiderable sums of money occasionally given to spend, or to defray expenses in traveling and the like, should be deemed to be given without a view to a portion or settlement in life, and not regarded as advancements. But a considerable sum of money given to a…
2Cases cited6 opinions
- Jackson ex dem. Benson v. MatsdorfNew York Supreme Court · 1814
- McRae v. McRaeNew York Surrogate's Court · 1855
- Sanford v. SanfordNew York Supreme Court · 1871
- Hine v. HineNew York Supreme Court · 1863
- Terry v. DaytonNew York Supreme Court · 1860
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