In re Runyon

Appellate Division of the Supreme Court of New York

In re Runyon

264 A.D. 734, 34 N.Y.S.2d 305, 1942 N.Y. App. Div. LEXIS 4426

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 20, 1942

StatusPublished

This text of 264 A.D. 734 (In re Runyon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Runyon, 264 A.D. 734, 34 N.Y.S.2d 305, 1942 N.Y. App. Div. LEXIS 4426 (N.Y. Ct. App. 1942).

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Opinion

Decree of the Queens County Surrogate’s Court dismissing the petition of Alleyne Macnab Runyon to revoke letters of administration issued to Agnes Rampe, on the estate of Mary O’Connor, deceased, reversed on the law and the facts, the petition granted, with costs to the appellant, payable out of the estate, and the matter remitted to the Surrogate’s Court for the entry of a decree accordingly, and for further proceedings. The documentary proof in this case establishes that the decedent and appellant’s father, James, were the children of John and Margaret Smith. This proof was also sufficient to establish that the declarants, quoted by the witnesses, were related to the family of which the declarants assumed to speak, slight proof being sufficient for this purpose. (Richardson on Evidence [5th ed.], § 259.) The facts and circumstances evidenced herein, including the fact that appellant’s father and the decedent recognized that Margaret George — formerly Margaret Smith — was their mother at the time of the funeral of that individual, as did the half brother, Thomas Frederick George, and that decedent recognized that petitioner and her sisters and brother were decedent’s nieces and nephew, all confirm the propriety of a finding that the appellant’s father was decedent’s brother. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Decree of the Queens County Surrogate’s Court dismissing the petition of Alleyne Macnab Runyon to revoke letters of administration issued to Agnes Rampe, on the estate of Mary O’Connor, deceased, reversed on the law and the facts, the petition granted, with costs to the appellant, payable out of the estate, and the matter remitted to the Surrogate’s Court for the entry of a decree accordingly, and for further proceedings. The documentary proof in this case establishes that the decedent and appellant’s father, James, were the children of John and Margaret Smith. This proof was also sufficient to establish that the declarants, quoted by the witnesses, were related to the family of which the declarants assumed to speak, slight proof being sufficient for this purpose. (Richardson on Evidence [5th ed.], § 259.) The facts and circumstances evidenced herein, including the fact that appellant’s father and the decedent recognized that Margaret George — formerly Margaret Smith — was their mother at the time of the funeral of that individual, as did the half brother, Thomas Frederick George, and that decedent recognized that petitioner and her sisters and brother were decedent’s nieces and nephew, all confirm the propriety of a finding that the appellant’s father was decedent’s brother. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Bluebook (online)

264 A.D. 734, 34 N.Y.S.2d 305, 1942 N.Y. App. Div. LEXIS 4426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-runyon-nyappdiv-1942.