McCartee v. Camel
New York Court of Chancery
This was an appeal, by R. McCartee, the administrator of the estate of Sarah Brown deceased, from a decree of the surrogate of the city and county of New-York, directing the appellant to pay. to Catharine Camel, the respondent, her distributive share of the estate of the decedent. S. Brown died in New-York in 1832, and letters of administration upon the estate were granted in August of that year.
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This was an appeal, by R. McCartee, the administrator of the estate of Sarah Brown deceased, from a decree of the surrogate of the city and county of New-York, directing the appellant to pay. to Catharine Camel, the respondent, her distributive share of the estate of the decedent. S. Brown died in New-York in 1832, and letters of administration upon the estate were granted in August of that year. The persons who at the time of her death were entitled to distributive shares of her estate, were the children of a deceased sister, and the children of her deceased half-brother R. McDowell. At the…
1Opinion of the Court
The Chancellor.
There is no doubt of the fact in this case, that the appellant paid over the one half of the intestate’s estate to the two daughters of R. McDowell, in 1833, in good faith; supposing that their sister had died many years previous thereto without leaving legitimate issue. The presumption now is that the brother is dead ; as he was beyond sea.when he was last heard of in 1830, without having any known residence abroad; and no intelligence has been obtained respecting him since that time. This presumption is supposed to have been adopted by analogy to certain statutory provisions;…
2Cited by43 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- In Re the Estate of RogersNew York Court of Appeals · 1897
- Butler v. . Mutual Life Ins. Co.New York Court of Appeals · 1919
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Connor v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
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