Gazlay v. Cornwell
New York Surrogate's Court
This was an application to determine who are the legal heirs and next of kin of Lydia Cornwell late of Cortland, deceased, intestate. She died in December, 1872, leaving sisters, but no husband, parent or child. Her husband, Elihu Cornwell, by a former wife, had one daughter, Mrs. Gazley, who died in 1859, leaving a husband, Dr. Gazlay, and three children, who now claim the estate, of Mrs. Lydia Cornwell.
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This was an application to determine who are the legal heirs and next of kin of Lydia Cornwell late of Cortland, deceased, intestate. She died in December, 1872, leaving sisters, but no husband, parent or child. Her husband, Elihu Cornwell, by a former wife, had one daughter, Mrs. Gazley, who died in 1859, leaving a husband, Dr. Gazlay, and three children, who now claim the estate, of Mrs. Lydia Cornwell. After the death of his first wife, Elihu Cornwell married Lydia, by whom he had one daughter, Ann Janette Cornwell, who died unmarried and intestate in 1866, leaving no children, and no…
1Opinion of the Court
The Surrogate.
The only question I am now called upon to decide is, whether these children, or Lydia’s *140brothers and sister are entitled to her estate. Elihu died before his wife or daughters.
The statute of distributions (3 R. S. 183, § 82,) provides as follows: “Where the deceased shall have died intestate, the surplus of his personal estate remaining, after the payment of debts, shall be distributed to thewidoio, children or next of Mn of the deceased, in manner following Then follow thirteen provisions or limitations as to such distribution. It will be seen that all these provisions are…
2Cited by1 opinion
- In re FieldAppellate Division of the Supreme Court of the State of New York · 1918