Bradwell v. Weeks
New York Court of Chancery
JOHN BRADWELL, the intestate, a native of England, died, at Flushing, in Queen’s county, in August, 1812, intestate, without issue, leaving a widow, and a clear personal estate, after the payment of all debts, &zc. of 6,219 dollars and 51 cents. John had four brothers, Benjamin, Jonathan, Joseph and Peter.
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JOHN BRADWELL, the intestate, a native of England, died, at Flushing, in Queen’s county, in August, 1812, intestate, without issue, leaving a widow, and a clear personal estate, after the payment of all debts, &zc. of 6,219 dollars and 51 cents. John had four brothers, Benjamin, Jonathan, Joseph and Peter. He removed, with his brother Benjamin, from England to the United States, in 1802. Benjamin died a few years ago, in New-Yorlc, leaving three sons, Benjamin, William, and John, the plaintiffs in this suit, natives of this state. Jonathan died in Eng- . . , . land, in 1802, leaving two…
1Opinion of the Court
The Chancellor.
The plaintiffs demand not only their equal portion, but the whole moiety of the personal estate of the intestate, to the exclusion of others who are next of kin, in equal degree, because they were alien enemies at the time of the intestate’s death. The intestate died without issue, and the statute of distributions, in such case, directs that a moiety ofc-v p ersonal estate shall go to the widow, and the *208residue “ shall be distributed, equally, to every of the next of kin of the intestate.” The statute did not intend to limit the transmission of personal estate to such of the…
2Cited by5 opinions
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- Tanas v. Municipal Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Tanas v. Municipal Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Bradwell v. WeeksCourt for the Trial of Impeachments and Correction of Errors · 1815