Bauer v. Schmelcher

Simon A. Welden died at Brooklyn in the year 1873, leaving a last will and testament, by which he devised certain real estate in the Eighteenth ward of this city to his wife, Mary A. Welden, which will was admitted to probate by the surrogate of this county. No executor was named in the will, and no administrator with the will annexed has been appointed by the surrogate. Subsequently Mrs. Welden conveyed the property to the defendant by a deed, which, in form, would carry any title she had in the property individually or as executrix, and which deed is signed simply “Mary A. Welden.” She is…