In re Berrien

New York Surrogate's Court

In re Berrien

3 Dem. Sur. 263

DecidedJanuary 15, 1885

StatusPublished

This text of 3 Dem. Sur. 263 (In re Berrien) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Berrien, 3 Dem. Sur. 263 (N.Y. Super. Ct. 1885).

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Opinion

The Surrogate.

Old age and bodily ailments and infirmities do not, of themselves, disqualify one from [264]*264appointment to the office of administrator. The evidence that has been submitted, respecting the physical and mental condition of this decedent’s widow, has not satisfied me that she is, within the meaning of R. S., part 2, ch. 6, tit. 2, § 32, as amended, “ incompetent” to execute the duties of administratrix, “ by reason of want of understanding.”

Letters may, therefore, issue to Rachel Berrien, in conjunction with Alonzo Baker, o

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The Surrogate.

Old age and bodily ailments and infirmities do not, of themselves, disqualify one from [264]*264appointment to the office of administrator. The evidence that has been submitted, respecting the physical and mental condition of this decedent’s widow, has not satisfied me that she is, within the meaning of R. S., part 2, ch. 6, tit. 2, § 32, as amended, “ incompetent” to execute the duties of administratrix, “ by reason of want of understanding.”

Letters may, therefore, issue to Rachel Berrien, in conjunction with Alonzo Baker, o

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Bluebook (online)

3 Dem. Sur. 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-berrien-nysurct-1885.