In re the Estate of Wood

164 Misc. 425, 299 N.Y.S. 195, 1937 N.Y. Misc. LEXIS 1821
New York Surrogate's Court·Decided September 15, 1937·Published·Cited by 6 cases

Opinion

Foley, S.

In this accounting proceeding, with the objective of ultimate determination of the persons legally entitled to share in the estate of Ida E. Wood, the surrogate in his prior decision laid out the course of procedure for the orderly trial of the issues. The large number of persons claiming to be distributees of the decedent made necessary the formulation of a plan for the elimination of those not entitled to participate in the distribution of the estate. Since the decedent died intestate, the determination of the next of kin is required to be tested by the provisions of our Statute of Distribution (Dec. Est. Law, § 83). Citation originally issued to eleven hundred and three claimants. Of these five hundred and thirty-seven persons have filed objections to the account asserting varying degrees of kinship to the decedent and seventy-nine claimed a right of participation as next of kin of her deceased husband, Benjamin Wood.

In my prior decision I outlined three issues for determination (162 Misc. 497): First, the status of the persons claiming to be the next of kin of Benjamin Wood, the husband; second, the trial and determination of the identity of this decedent, the establishment of her maiden name and the names and identification of her parents; third, the ascertainment of the persons, if any, establishing their relationship by blood to the decedent and their identification within the legal class of her next of kin.

The first issue was tried and determined and five persons were proven to be the next of kin of the predeceased husband as his direct descendants. By my decision on that phase of the proceeding seventy-four claimants of more distant relationship were eliminated. (N. Y. L. J. Aug. 25, 1937.) These proven next of kin of the husband thus become potential distributees in the event that it be finally determined that Ida E. Wood left no relation of her blood. (Dec. Est. Law, § 83, subd. 15.)

The second issue was then taken up for trial. Extensive evidence, both oral and documentary, has been submitted to the court upon this issue. At the close of the trial the surrogate in his oral decision struck out the appearances and objections of many of the claimants because of the absence of any legal status. It would appear that the importance of the issue and the large number of persons whose rights are affected require that the reasons for the determination should be set forth in a formal decision.

[427] Upon this issue, the contentions of the various claimants may be divided into two general questions: (1) Was Ida E. Wood born in England as Ellen Walsh, the daughter of Thomas Walsh and Ann Crawford Walsh who were natives of Ireland? or (2) Was she born in the State of Louisiana or of Mississippi as Ida Mayfield, the daughter of Thomas H. Mayfield and Mary Ann Crawford Mayfield? The trial has presented numerous and interesting elements of pedigree proof. The contentions of the claimants on opposite sides of the case present an absolute and irreconcilable conflict as to the identity and parentage of the decedent.

Ida E. Wood died in the Herald Square Hotel in 1932. She had been a recluse for the last thirty years of her life. She left an estate of approximately nine hundred thousand dollars. Most of it was in cash. Two alleged wills of hers were presented for probate. One was refused admission because of the forgery of her signature to it. The other failed because of inability to prove execution although the body of the will was clearly in her own handwriting and the signature authentic. She, therefore, died intestate. She had lived with her sister, who was known as Mary E. Mayfield. The latter died in 1931. With them also resided a woman known as Emma Wood over whose identity doubt has arisen as to whether she was the daughter or the sister of the decedent. That question is academic since she predeceased the decedent leaving no descendants.

Ida E. Wood, at the time of her death, was ninety-three years of age. She was the widow of Benjamin Wood who had attained distinction in New York city as a successful stockbroker and as publisher of the former newspaper known as the New York Daily News. Ida E. Wood appears to have been associated actively with him for many years in its management and ownership. Benjamin Wood died in 1900. Fernando Wood, his brother, was mayor of the city of New York during the years 1855 to 1858. He served later in that office in the years 1860 to 1862. With this background of the history of her husband and of his family, Ida E. Wood appears from the evidence to have taken part in her earlier and middle life in public and social activities of this city. She possessed or acquired a high degree of culture. Her letters indicate refinement. She and her husband traveled extensively both in this country and abroad. She was shrewd in her business operations and prudent in the management of her large fortune. Much of the financial success of her husband was apparently due to her qualities of thrift and frugality.

There are other elements of her character which are revealed, by the evidence. She was secretive of her personal affairs which! [428] was demonstrated by her living as a recluse for the last thirty years of her life. During most of that period she kept secret her whereabouts from her stepchildren and step-grandchildren. A few years before her death she was adjudicated an incompetent. After her demise, in due course the public administrator of New York county took over her estate and he is the accounting party here. She appears to have kept her letters, checks and bills with meticulous care. She made and retained copies of letters sent by her. Most important in the determination of this case, she kept in her own handwriting within the group of her personal papers, records of her family history and the dates and places of the births and deaths and the places of burial of her parents, her brothers and sisters.

The only doubt created as to her identity which has afforded a basis for the assertion of a claim by certain parties to this proceeding, is the fact that in her early years she was known as Ida E. Mayfield. Her mother, her brother and her sister also adopted Mayfield as the family name. The evidence, however, and particularly the documentary evidence, indubitably leads to the conclusion that Ida E. Wood was born Ellen Walsh, the daughter of Thomas Walsh and Ann Crawford Walsh and that the change of name from Walsh to Mayfield was made by herself and her family undoubtedly influenced by her pretenses to a social standing in this community. The first indication that Mrs. Wood had changed her name from Walsh to Mayfield is shown to have occurred about the year 1857. At that time she was nineteen years of age. An old-fashioned valentine addressed to her as Ida Mayfield bears that date. Her disposition to adopt a name different from her bora surname is also supported by the documentary proof which clearly and definitely shows that she was known in the years 1864 to 1867 as Ida E. Harvey. Recorded deeds and mortgages were received in evidence which established her acquisition of real property in the city of New York under that name. It has also been shown that subsequently she conveyed this property as “ Ida Wood (formerly Ida Harvey) wife of Benjamin Wood.” The latter deed was made a few days after her formal marriage to Benjamin Wood in 1867. It is also interesting to note in this connection that the witness to this deed was her sister, who signed her name as Mary E. Walsh. She was later known as Mary E.- Mayfield.

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In re the Estate of Wood, 164 Misc. 425, 299 N.Y.S. 195, 1937 N.Y. Misc. LEXIS 1821 (N.Y. Super. Ct. 1937).

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