Kircheis v. Scheig
New York Surrogate's Court
The petition of Mary N. Kircheis alleged that the testatrix died in June, 1877, leaving a last will and testament, which was duly probated, whereby she' devised and bequeathed all her property to Charles A. Kircheis, who died in January, 1878, leaving a will, whereby he devised and bequeathed all his real and personal estate, except certain specific bequests, to the petitioner, which will was. also probated; that Charles A. Kercheis left no personal property which had not…
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The petition of Mary N. Kircheis alleged that the testatrix died in June, 1877, leaving a last will and testament, which was duly probated, whereby she' devised and bequeathed all her property to Charles A. Kircheis, who died in January, 1878, leaving a will, whereby he devised and bequeathed all his real and personal estate, except certain specific bequests, to the petitioner, which will was. also probated; that Charles A. Kercheis left no personal property which had not been bequeathed to him by the testatrix, except a savings bank book and a piano; that the testatrix had left no debts.…
1Opinion of the Court
The Surrogate.
— The question as to the motives of the application does not seem to need any consideration, and the only question is, whether the letters were properly issued to the sister of the half-blood.
By the Revised Statutes (2 R. S., p. 74, § 27) it was provided that administration, in case of intestacy, should be granted to the relatives of the deceased, who would be entitled to succeed to his personal *279estate if they or anjr of them would accept the samé, in the order therein mentioned, (sisters being named under the fifth subdivision), and that if no such relatives would accept, then…
2Cases cited1 opinion
- Lathrop v. . SmithNew York Court of Appeals · 1862
3Cited by1 opinion
- In re PurdyNew York Surrogate's Court · 1890