In re the Judicial Settlement of the Accounts Levi

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts Levi

254 A.D. 799, 4 N.Y.S.2d 209, 1938 N.Y. App. Div. LEXIS 7656

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

DecidedMay 12, 1938

StatusPublished

Cited by1 cases

This text of 254 A.D. 799 (In re the Judicial Settlement of the Accounts Levi) 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 the Judicial Settlement of the Accounts Levi, 254 A.D. 799, 4 N.Y.S.2d 209, 1938 N.Y. App. Div. LEXIS 7656 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal from an order of the Schenectady Surrogate’s Court which determines that Olma C. Levi “ is not entitled, at common law or under the statutes of this State, to share in the distribution of the estate of the decedent.” The question of the sanity of the appellant was raised in the court below and in this court. We are to determine whether or not Olma C. Levi was the lawful wife of the decedent, Sidney J. Levi, at the time of his death, and entitled, under the statutes of this State, to share in the distribution of his estate. The application for the appointment of a special guardian for her was denied in the court below. This court, on its own motion, determines that the appellant should be represented by a special guardian, and appoints Harold E. Blodgett, of Schenectady, N. Y. This appeal is taken upon the law and the facts. The court determines it is proper to exercise the power granted by section 309 of the Surrogate’s Court Act and appoints George B. Smith, of Schenectady, referee, to take proof and report his conclusions whether the appellant was the lawful wife of the decedent, Sidney J. Levi, at the time of his death, and entitled, under the statutes of this State, to share in the distribution of his estate, and to return the evidence taken to this court. The decision of the Surrogate’s Court is reversed on the law and facts in so far as it denies the application for the appointment of a special guardian. As to the other issues presented, decision is reserved awaiting the report of the referee. Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order of the Schenectady Surrogate’s Court which determines that Olma C. Levi “ is not entitled, at common law or under the statutes of this State, to share in the distribution of the estate of the decedent.” The question of the sanity of the appellant was raised in the court below and in this court. We are to determine whether or not Olma C. Levi was the lawful wife of the decedent, Sidney J. Levi, at the time of his death, and entitled, under the statutes of this State, to share in the distribution of his estate. The application for the appointment of a special guardian for her was denied in the court below. This court, on its own motion, determines that the appellant should be represented by a special guardian, and appoints Harold E. Blodgett, of Schenectady, N. Y. This appeal is taken upon the law and the facts. The court determines it is proper to exercise the power granted by section 309 of the Surrogate’s Court Act and appoints George B. Smith, of Schenectady, referee, to take proof and report his conclusions whether the appellant was the lawful wife of the decedent, Sidney J. Levi, at the time of his death, and entitled, under the statutes of this State, to share in the distribution of his estate, and to return the evidence taken to this court. The decision of the Surrogate’s Court is reversed on the law and facts in so far as it denies the application for the appointment of a special guardian. As to the other issues presented, decision is reserved awaiting the report of the referee. Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 799, 4 N.Y.S.2d 209, 1938 N.Y. App. Div. LEXIS 7656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-accounts-levi-nyappdiv-1938.

Opinion

Related

Cite This Page — Counsel Stack