Berkeley v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. ¡New York county. Action by Lancelot M. Berkeley, as substituted trustee under the will of Patrick Kennedy, deceased, against Andrew J. Kennedy, Mary Kennedy, and others. From an order directing a deposit in court to be paid to Mary Kennedy, plaintiff and Andrew J. Kennedy appeal* Modified.
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Appeal from special term. ¡New York county. Action by Lancelot M. Berkeley, as substituted trustee under the will of Patrick Kennedy, deceased, against Andrew J. Kennedy, Mary Kennedy, and others. From an order directing a deposit in court to be paid to Mary Kennedy, plaintiff and Andrew J. Kennedy appeal* Modified. Michael Kennedy, who was an heir of Patrick Kennedy, died before the distribution of the estate, and the administratrix of Michael Kennedy filed a motion that a deposit in court' of $1,080 as his interest in the estate of Patrick Kennedy be paid to her.
1Opinion of the Court
PER OURIAM.
The order appealed from was made upon notice to all parties, and directed payment of moneys on deposit with the city chamberlain to the duly-appointed administratrix of Michael Kennedy. As an asset of her intestate’s estate, the'administratrix is prima facie entitled to the possession thereof. Andrew J. Kennedy, a brother of the decedent, seems to have asserted a claim to one-half of the money as a distributee, “unless there is some person nearer than himself en? titled to the fund.” But claims to the fund can only be made through administration. On the appointment of the…
2Cited by2 opinions
- In re the Accounting of RothNew York Surrogate's Court · 1946
- Berkeley v. KennedyAppellate Division of the Supreme Court of the State of New York · 1901