In re Lasak's Estate

New York Supreme Court

In re Lasak's Estate

8 N.Y.S. 775, 29 N.Y. St. Rep. 196, 1890 N.Y. Misc. LEXIS 1773

DecidedFebruary 10, 1890

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This text of 8 N.Y.S. 775 (In re Lasak's Estate) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Lasak's Estate, 8 N.Y.S. 775, 29 N.Y. St. Rep. 196, 1890 N.Y. Misc. LEXIS 1773 (N.Y. Super. Ct. 1890).

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Opinion

Pratt, J.

We think the cases of Pierce v. Chamberlain, 41 How. Pr. 501; In re Lynch's Estate, 52 How. Pr. 367; and Cooke v. Meeker, 36 N. Y. 15,—are authority in favor of allowing to Mrs. Schermerhorn interest on-the $30,000 fund, commencing from the time of her father’s death. In the case in 36 N. Y. 15, the applicant was a minor; but the decision does not seem to be based upon that fact. When the first $20,000 of the fund was put into the will, the applicant was an unmarried daughter of the testator. At the time of the testator’s death she was a widow, who had no other dependence than the bounty of her father. Taking all the facts into consideration, we think it may be said that the provision in the will is intended for her support and maintenance, and that the income therefrom may be allowed her from the date of her father’s death. To that extent, we are of opinion her application should be granted. Order reversed; costs to applicant out of estate.

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Pratt, J.

We think the cases of Pierce v. Chamberlain, 41 How. Pr. 501; In re Lynch's Estate, 52 How. Pr. 367; and Cooke v. Meeker, 36 N. Y. 15,—are authority in favor of allowing to Mrs. Schermerhorn interest on-the $30,000 fund, commencing from the time of her father’s death. In the case in 36 N. Y. 15, the applicant was a minor; but the decision does not seem to be based upon that fact. When the first $20,000 of the fund was put into the will, the applicant was an unmarried daughter of the testator. At the time of the testator’s death she was a widow, who had no other dependence than the bounty of her father. Taking all the facts into consideration, we think it may be said that the provision in the will is intended for her support and maintenance, and that the income therefrom may be allowed her from the date of her father’s death. To that extent, we are of opinion her application should be granted. Order reversed; costs to applicant out of estate.

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Bluebook (online)

8 N.Y.S. 775, 29 N.Y. St. Rep. 196, 1890 N.Y. Misc. LEXIS 1773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lasaks-estate-nysupct-1890.

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