24 N.Y.S. 284, Matson v. Abbey

Citation:24 N.Y.S. 284
Opinion Judge:PUTNAM, J.
Party Name:Adaline Matson, William A. Matson, Julia A. Matson, Robert Matson, Charles Matson and Adaline Brooksby, Respondents, v. Louise J. Abbey, as Administratrix of the Goods, Chattels and Credits of Austin Matson, Deceased, not Administered, Appellant
Attorney:George H. Stevens, (A. T. Clearwater, of counsel,) for appellant. Townsend, Boche & Nason, (Martin L. Townsend, of counsel,) for respondents.
Case Date:July 08, 1893
 
FREE EXCERPT

Page 284

24 N.Y.S. 284

Adaline Matson, William A. Matson, Julia A. Matson, Robert Matson, Charles Matson and Adaline Brooksby, Respondents,

v.

Louise J. Abbey, as Administratrix of the Goods, Chattels and Credits of Austin Matson, Deceased, not Administered, Appellant

Supreme Court of New York, General Term, Third Department

July 8, 1893

Appeal from circuit court, Rensselaer county.

Action by Adaline Matson, William A. Matson, Julia A. Matson, Robert Matson, Charles Matson, and Adaline Brooksby against Louise J. Abbey, administratrix with the will annexed of Austin Matson, deceased, to recover certain money assigned to plaintiffs by devisees of such will. From a judgment for plaintiffs, defendant appeals.

Affirmed.

George H. Stevens, (A. T. Clearwater, of counsel,) for appellant.

Townsend, Boche & Nason, (Martin L. Townsend, of counsel,) for respondents.

OPINION

Page 285

PUTNAM, J.

On December 4, 1863, Austin Matson insured the life of his son Austin Matson, Jr., in the sum of $ 2,000 payable to himself, his executors or assigns. Austin Matson died December 1, 1864, leaving a will, afterwards admitted to probate by the surrogate of Renssalaer county, in which he appointed his widow, Maria T. Matson, and James N. Ring his executors and trustees. They qualified on the 13th of April, 1865. After specific bequests, the will devised and bequeathed the whole of his estate to his executors, in trust for the purposes therein specified. They were directed to apply the rents and income of the estate to the support of his widow during her life, and the support of his daughter Emily, until her marriage, or the death of his said widow. Among other directions, they were instructed to pay the yearly premium of $ 78 upon the policy of insurance upon the life of Austin Matson, Jr., provided he should not pay the same. He died on the 19th of February, 1866. The executors of Austin Matson, Sr., thereupon collected, as part of his estate, the $ 2,000 insurance money. The executor, Ring, died on July 12, 1878, and the executrix, Maria, on the 13th day of June, 1891. Defendant was appointed administratrix with the will annexed of Austin Matson, Sr., on July 13, 1891. This action was begun on the 20th day of November, 1891. On January 27, 1869, the children and devisees of Austin Matson, Sr., by a sealed conveyance, assigned all their interest

Page 286

in that...

To continue reading

FREE SIGN UP