Monroe v. Winslow

Appellate Division of the Supreme Court of New York

Monroe v. Winslow

254 A.D. 811, 5 N.Y.S.2d 640, 1938 N.Y. App. Div. LEXIS 7710

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

DecidedMay 4, 1938

StatusPublished

Cited by2 cases

This text of 254 A.D. 811 (Monroe v. Winslow) 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

Monroe v. Winslow, 254 A.D. 811, 5 N.Y.S.2d 640, 1938 N.Y. App. Div. LEXIS 7710 (N.Y. Ct. App. 1938).

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Opinion

Submitted controversy determined in favor of defendants, without costs. Memorandum: Although the stipulated facts do not contain a statement that the decedent died intestate, the chart or family tree annexed thereto and made a part thereof describes the decedent as the “ intestate,” and we accept that as a part of the stipulation. Decedent left no brothers or sisters or any descendants of such. Under these circumstances we decide that the plaintiff and all four defendants share the decedent’s estate equally, per capita. (Decedent Estate Law, § 83, subds. 6, 10. See, also, Matter of Davenport, 172 N. Y. 454, 459.) All concur. (Submitted controversy to determine persons entitled to share in an estate.) Present —- Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Submitted controversy determined in favor of defendants, without costs. Memorandum: Although the stipulated facts do not contain a statement that the decedent died intestate, the chart or family tree annexed thereto and made a part thereof describes the decedent as the “ intestate,” and we accept that as a part of the stipulation. Decedent left no brothers or sisters or any descendants of such. Under these circumstances we decide that the plaintiff and all four defendants share the decedent’s estate equally, per capita. (Decedent Estate Law, § 83, subds. 6, 10. See, also, Matter of Davenport, 172 N. Y. 454, 459.) All concur. (Submitted controversy to determine persons entitled to share in an estate.) Present —- Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 811, 5 N.Y.S.2d 640, 1938 N.Y. App. Div. LEXIS 7710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-v-winslow-nyappdiv-1938.

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