Lockwood v. Lockwood
New York Surrogate's Court
Ah application was presented in this matter by Adelia M. Lockwood, widow of the deceased, on behalf of herself, and of Adelaide L. Lockwood, her stepdaughter, a minor, of the age of about seventeen years, of whose person she is testamentary guardian, for an order directing the executors to advance to her, as a legatee under the will of the deceased, for her own support and the support of said minor, also a legatee, a portion of their respective legacies.
Read the full summary
Ah application was presented in this matter by Adelia M. Lockwood, widow of the deceased, on behalf of herself, and of Adelaide L. Lockwood, her stepdaughter, a minor, of the age of about seventeen years, of whose person she is testamentary guardian, for an order directing the executors to advance to her, as a legatee under the will of the deceased, for her own support and the support of said minor, also a legatee, a portion of their respective legacies. The petition set forth that the testator died Nov. 28,1877 j that the assets of the estate, as shown by the inventory, amounted . to…
1Opinion of the Court
The Surrogate.
This is an application, made under §§ 82, 83, 2 R. 8., 98, for an order directing the executors to advance parts of legacies. The allowance can be directed to be made only where it shall be alleged, and adjudged by the court, to be necessary for support. It is insisted by counsel for the executors that the petition must present a case of actual necessity, before the court can grant the order; that the order cannot be properly made Avhere the party has, already at hand, means to supply comfortable suitable food and a sufficient shelter. The word “ necessary,” in the statute, is…
2Cases cited7 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Cooke v. . MeekerNew York Court of Appeals · 1867
- House v. HouseNew York Court of Chancery · 1843
2 more not listed; retrieve them via the Exa API.