Legal Opinion

Hodge v. Leaning

New York Surrogate's Court

Decided June 15, 1884Published

Petition by AdcHe Hodge, a creditor of decedent’s estate, under Code Civ. Pro., § 2717, to compel payment of her debt; opposed by John K. Leaning, the executor. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

Elisha Town, a soldier of the war of the rebellion, died in the year 1874, leaving a widow, Adaline Town, and two children, Kera L. and Kina E. Town, him surviving. The widow, after his death, applied to and obtained from the Government of' the United States a pension amounting to the sum of about $1,300, as the widow of said soldier. In 1880 said widow died, leaving her surviving said children, who are still living, and whose ages at this time are ten and thirteen years, respectively. At the time of her death, she had in her possession $1,060 of said pension money, which had…

2Cases cited6 opinions

  1. Kneettle v. . NewcombNew York Court of Appeals · 1860
  2. Wilcox v. . HawleyNew York Court of Appeals · 1864
  3. Vedder v. SaxtonNew York Supreme Court · 1865
  4. Lockwood v. YoungloveNew York Supreme Court · 1858
  5. Shaw v. DavisNew York Supreme Court · 1870

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