McCarthy v. McCarthy
District of Columbia Court of Appeals
Hearing on an appeal by the children of a deceased married woman from an order of the Supreme Court of the District of Columbia, sitting as an Orphans’ Court, granting letters of administration to the husband of the decedent. The Court in the opinion stated the case as follows: This appeal is brought here from the Supreme Court of the District of Columbia, taken from an order passed at a special term of that court, sitting for the transaction of Orphans’ Court business.
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Hearing on an appeal by the children of a deceased married woman from an order of the Supreme Court of the District of Columbia, sitting as an Orphans’ Court, granting letters of administration to the husband of the decedent. The Court in the opinion stated the case as follows: This appeal is brought here from the Supreme Court of the District of Columbia, taken from an order passed at a special term of that court, sitting for the transaction of Orphans’ Court business. The question involved is as to the right to administer upon the personal estate of Mary T. McCarthy, deceased. The record…
1Opinion of the CourtChief Justice Alvey
The material questions presented, upon the conflicting claims made in the court below, are but two:
1. What were the rights of a surviving husband in the personal estate of his deceased wife, dying intestate, before and independently of the married women’s acts of 1869 and 1896; and,
2. To what extent and in what respects have these acts changed or modified the rights of a surviving husband in the personal estate of his deceased wife, dying intestate, if any such changes be made by those acts ?
1. That the surviving husband of a deceased wife, dying intestate, was entitled to administer upon,…
2Cases cited9 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Hadden v. CollectorSupreme Court of the United States · 1867
- Lessee of French and Wife v. SpencerSupreme Court of the United States · 1859
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Ransom v. . NicholsNew York Court of Appeals · 1860
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3Cited by1 opinion
- Holiday v. United StatesDistrict of Columbia Court of Appeals · 1996