In re the Accounting of Public Administrator

New York Surrogate's Court

In re the Accounting of Public Administrator

206 Misc. 768, 134 N.Y.S.2d 903, 1954 N.Y. Misc. LEXIS 2849

New York Surrogate's Court·Decided September 17, 1954·Published

Opinion

Rubenstein, S.

The assignment executed by the decedent’s widow of all of her claim, right, title and interest in and to her husband’s estate includes within its scope the exemption of $1,000, to which she was entitled under subdivision 4 of section 200 of the Surrogate’s Court Act. The said exemption vested in her upon her husband’s death (Crawford v. Nassoy, 173 N. Y. 163; Matter of Macneal, 174 Misc. 947), and there is no statutory prohibition against such an assignment (Personal Property Law, §§ 41, 32), nor is it against public policy.

Proceed accordingly.

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Rubenstein, S.

The assignment executed by the decedent’s widow of all of her claim, right, title and interest in and to her husband’s estate includes within its scope the exemption of $1,000, to which she was entitled under subdivision 4 of section 200 of the Surrogate’s Court Act. The said exemption vested in her upon her husband’s death (Crawford v. Nassoy, 173 N. Y. 163; Matter of Macneal, 174 Misc. 947), and there is no statutory prohibition against such an assignment (Personal Property Law, §§ 41, 32), nor is it against public policy.

Proceed accordingly.

In re the Accounting of Public Administrator, 206 Misc. 768, 134 N.Y.S.2d 903, 1954 N.Y. Misc. LEXIS 2849 (N.Y. Super. Ct. 1954).

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Opinion

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