In re of Providing the Last Will & Testament of Engelberg
Appellate Division of the Supreme Court of the State of New York
Appeal by Louis R. Warren, petitioner, from a decree of the Surrogate’s Court of the county of Queens, entered in the office of said Surrogate’s Court on the 4th day of March, 1918, denying the petitioner’s application for letters of administration c. t. a. upon the estate of John H. Englebirt, deceased.
1Opinion of the Court
Thomas, J.:
From a main in the street, gas came into the bedroom of Englebirt and his wife, who, after retiring on the night of March twenty-second, were found dead about four p. m. of March twenty-third. The husband had willed his property to his wife, and the question is whether she survived to take it. The surrogate found that both died at the same time as the result of a common casualty, and that the testator’s property devolved on his father as sole heir and next of kin. The appellant, in behalf of the estate of the wife, contends that there are facts probative of her surviving her…
2Cited by10 opinions
- Bierbrauer v. MoranAppellate Division of the Supreme Court of the State of New York · 1935
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- State Land Board v. LongOregon Supreme Court · 1950
- In re the Estate of BurzaNew York Surrogate's Court · 1934
- In re the Estate of Di BellaNew York Surrogate's Court · 1950
5 more not listed; retrieve them via the Exa API.