The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-15

Supreme Coust-special Tern.
Before Hon. Judgs Roosevelt
Is THE WIDOW ONE OF THE NEXT OF KIN 70 HER
HUeBAND2
AYHH N.-FAe k~eAonss' lrsuraacs Company u. Rieh
ard Herman and wife, and OtAys.-Rooseveh, -rhs
plaintiffs clam y founded on bond Of Thomas Lssi,
deceased for $4,000. Although red By mortgage
which bas been regularly iorecosed large balance
oeeding $1,000 remains unsassned; and II inshtsd that
the widow - we'll the other next Of kin Of The secssse
mortgsgor (hs persona estate having cen divided
among thep) boupd 70 refund 10 the extent Of Vie
plaintiffs claim The widow and her second husband
abe having married again. demur the demand and
ada ,he ss CATION made In the upaint thai they
iste, received Of DA personal esssse SIS l09 SUN
will be greatly beyoad whas u neoss ary 70 mes
the REQUIRE The oase thevefNs presents
ioc spfe ques ton whether . widow, Who has ceved
her disbuiive share OF her dsoessed persona
iopd? Wbre party dice iBsesaie the statute provides
AR 96) thai "ihe surplus o. his personal estate
T.'DIs amer payment ., osos; so.I o. distributed .s
lore before dribption. Il s obvious. have the pros
Claim law moral honesty Does the fsol Of dis
n,ou or, far at least a. the widow ooncsrned de-
.Yoy their rights, or sbinh the thing, deprive
them OF all Temsdyf In case any suit shall ba bvousb,
upon claim which shAl have Deen presented 70 the
sdmiristrsior OF decsassd person Witain sx months
the first public on Of the notice prescribed BY law
rs provided q s. so ths, such sdmnisrascr shall
.u a ~. oowmsuoed;" :sus say crsaisar (sso 49,
aV @ recover the .s"o' ia the manner pre-
scroed by law, Of the next Of lin OF the deceased
ss,sa he ~ %
who the next Of kin intended 10 DO made DO
bic Actions (says the staute reEulasns the re@edie.
OF creditors In ouch y against 'rhe nexs Of bh o.
sDy deceased person. the Of any ssseu
bs. may been paid 70 them may be brought s&sn''
hem for he amo ant received 81 s.cn Of then ar
ssl) And no allowance or deduction to b msde on
account o. there benz 0'n or. rs.vs 70, ,so% s,,e
kin" made liable may maintain IN action against al
TIE other relatives Of ,ne estasor' VINO may have
sepaJ sely, '.ior . just and equal contribution
IL vii thus be that he term 'nest Of kim In these
ve. but Win The more enlarged meaning Of 'rn rsla
vts OF The tesisor ito whom any assets shall have
been paid The ksiature would sppesr 10 have had 10
view much the kpship ~ the relationship, be
that Of blood marriage which oons ated In the syeo
law, basis the claim 10 distroutve STARE The
obea Ton attached to he rsht-tne burihsn 10 the
bcry instances Of the Judicial Of the ero
q hip the ndossed Will be foond cited b.
counsel In = case in 10 vesey, So All the Auh,ruies-
although somewhat ooDfriipg in other respects-asree
,bs that he words may be Interpreted In that sepse
The context of the statute or instrumens ,ud seem 70
require ,ucb Interpretation Nov there no resson-
sbe mooe Of eHewng the provision that the sidow ~
we'll tho other relatives OF deceased persons only 70
aases "Jemapipg aer tbs pay mont OF debo,
except BY ,be cop.tr uoop contendsd for Suppose q
not Of unfequeIt occurrence, In which the wdov
no matter bow large the Estate taxes me wnoio-lo sooo
case, unless she b. MADE sbe ~ relative or next
Of kp The creditor, In twelve months afsy biz debtors
dscesse may ne wholly remedless su,h statute o.
miaons Win saving In favor OF absentees or minors
or victims OF sociot Mt would rigorous for
Legislative MD be presumed 70 have 20 OK
rights Of her husbands credhoTs require widow
should In respects ~ss be veated ~ ouo OF bis
Of kio Asons ohsr Instances the ,os Of apprase
psps sp'y required 70 bs served tho q ha''
"a x. g., s2). The right 10 demand an aooounsg oea
nn,a TO The orccisors ana inert OF mS" u me
"orediors and nsxs Of kim" y. % Dan be presumed
sS the widow bavsg generally the larger. and some
vas intended. in these provisions, 70 be entirely over
lct hedf caseul examination and oomparssu OF The
have led me 10 the conclusion that terms Of
RE" ae SOMETIMES used - compr hcndus the widow,
and ope,imes contra dssDGuhheo from her; that
their true meaning, In any given psanoe, mus; depend
upon TIE cnnex and the cons quences and shss IN the
sso'on particularly unoer consideration, she vas
ipiepeed TO be embraced IN the same manner - othe'
re svcs receivirg portions OF the Demurrer
Yultd, and Judgment for plaintiff, with costs
Before hon Judse Cleric
AIpm 10 JOHN H.cker and onoshsr %. Hm II
D,ra, and dsohr Demurrer overrued, with liberty
lra Lascy orhy ~. RetIt,n wna~vs and otaeys.-Judg
mep' for the dtienosnu. With COSTS
Benjamin T1oets Joi. Slr~,, dc -OompaiT dis
ms'so ~ to Burr Glover. md same order 10 be en-
ierd % the, In behalf Of defendant, Blunt
PAil'p g. Crooks ersrNtr: DC ~ JOHN Hi'gsn. s~d
asotA--Oroerod TO be entered acocro anoe With de-
c.sion; coats 70 abide The event
Orders N csdsss denied Special Term must be vet
red within three Gays thercafscr Judge Cests vu ~
tend every morning, except Saturday, sx O'Clock for
thai purpose.
CIRCUIT
Before Bon. Judge Davies.
lFNI Ia -Jok. P1thase .. the Nsp Fork Erhonos
Bcsk-1bis action brought by planun for the
ptyhy urcer the s,ante for selling unourrcna foreign
bsnk bills 81 greater rate OF discount tnan allowed ~
Law. Uu molon. sue case arrested the following
grtupot That The oct OF 1889 gave right 10
lo,mer 70 proceed and that ,ne Attorney Ger oral waa ae
only party entitled 70 hat the bills which deendanu
ROD rot shown TO DO bills Of inc,r porSed pauks
fpet the osrr In the bank ned authority 70 IN
puicbase, ana that sho that the bJh we're
1ot taken 81 par.
Tbiry days we're allowed Tie pls,BiiG 10 mstea case
Tor General Terr.
Marine Court.