Legal Opinion
In re the Accounting of Hulse
New York Surrogate's Court
Decided August 15, 1903PublishedCited by 3 opinions
Claim of administratrix of widow of decedent for an allowance in lieu of exempt articles on judicial accounting.
1Opinion of the Court
Petty, S.
The accountant and the widow of decedent were appointed administrators of Ms estate and filed the statutory inventory. The sum of $150 was set off .to the widow under Code Civ. Pro., § 2113, subd. 5. The administratrix of the *47estate of the widow now claims an allowance in lieu of the other provisions of said statute.
Had the articles for which an allowance is now claimed existed at the decedent’s death the title thereto would have at once vested in the widow (Crawford v. Nassoy, 173 N. Y. 163), and while there is no statutory warrant for an allowance when the articles do not exist,…
2Cases cited5 opinions
- In re WilliamsAppellate Division of the Supreme Court of the State of New York · 1898
- Crawford v. . NassoyNew York Court of Appeals · 1903
- In re the Judicial Accounting of WarnerAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of HemburyNew York Surrogate's Court · 1902
- In re the Judicial Settlement of the Accounts of the Estate of MaackNew York Surrogate's Court · 1895
3Cited by3 opinions
- In re the Estate of McNamaraNew York Surrogate's Court · 1930
- In re the Estate of KeoughNew York Surrogate's Court · 1904
- In re the Judicial Settlement of the Estate of GriffithNew York Surrogate's Court · 1906