Mitchell v. Blain
New York Court of Chancery
The bill in this cause was filed for an account and distribution of the personal estate of Joseph Hunt, deceased, under his will; and to obtain the direction of the court as to the manner in which the share of a post-testamentary child of the testator should be apportioned between the specific, general, and residuary, legatees under the will.
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The bill in this cause was filed for an account and distribution of the personal estate of Joseph Hunt, deceased, under his will; and to obtain the direction of the court as to the manner in which the share of a post-testamentary child of the testator should be apportioned between the specific, general, and residuary, legatees under the will. At the time of making the will, in September, 1831, and at the time of the testator’s death, in September, 1832, he had a wife and one child living, and the descendants of two- other children. By his will the decedent disposed of his personal estate as…
1Opinion of the Court
The Chancellor.
By the provision of the revised statutes, on this subject, it is very evident that the post-test amentary child is only entitled to one fourth of two thirds of the testator’s personal estate, after payment of debts and funeral expenses, and the expenses of administration. The statute *590declares that every such child shall succeed to the same portion of the father’s real and personal estate, as would have descended or been distributed to such child, if the father had died intestate. (2 R. S. 65, § 49.) The infant complainant in this case is therefore entitled to one fourth of the…
2Cited by17 opinions
- Newman v. WatermanWisconsin Supreme Court · 1885
- Warren v. MorrisCourt of Chancery of Delaware · 1871
- Chicago, B. & Q. R. Co. v. WashermanUnited States Circuit Court · 1885
- In re the Judicial Settlement of the Account of DwyerAppellate Division of the Supreme Court of the State of New York · 1920
- Bloomer v. BloomerNew York Surrogate's Court · 1853
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