New-York daily tribune., 1859-05-17
LA r. N7ELLIG ENCE.


ton, fer respondent.
scra,Rta>p. J.-Thi. is ap appeal from TIE decree
of the Surrogate of New-lork, admitting TO probate
the will Of Cathurirc t. Bausch the wife If tue re-
spordeut.
The tesstrx was the owrer # certain prrsonsi prop
erty ard, dnrng coverture, made her VIII, brqneath-
irg the same bcurrg date Dec. + 1877 SIR dcd "n
the 9th Of Murrh. 1857, leaving clitren. but eay-
iig her husband, the Respondent and the appellant,
b,T mother, her Surviving.
TIE appellant attended a. !her uext Of kin. at the
probate and filed obiectiors thereto aud prayci to
have ssh objections board b1 tie S-uoss- DECIDED that
or,. G 80 .. 40 & T. ~ Srrsi, blf IN ls .,d
CahsTirs died and il POSSESSION; b.. sli te s1ue
psed will IS her hssbsnd and therefore, tba; the appellant
he'd 10 Interest IN Tho me;,r 60; tae proba;' of thc will
rsi to9k tiee tqan 70 the sc, Il el 81 1919 Tor the
~. tec.a Proectau of tine prPEty Of married wenro q
neqsrrd hy Lrr subsequently, that size bad srr
'S.1 a. q. TIE % IL nna ,o @y' ~ t & y . aISSS
any const ua question 81 o vested ght 9i tae i-bd
Tie qUe.ton then i. whom Co.'s the pr' nal p'poy OF
usued continued in her .cquId aud held by
rred the protection Of those acts her
oterwi, the ku,aud .a iyip1 D, the husband succeed
and take II 4lslutey doesH 20 to her mex; ot Sia
The sur sate b. In tins he da IN McC0rksr ".
Goldne Brsdf o l'a aud ls4 hsi not in
such case made alteration 10 the button or n ~ sue
u', b. sbr' the o the w drht'' t'uadins hs
| administer Oh III estate.
Tie rsr-d sbe brief submitted by the counsel for the
rah the personal state Of hs Wit dying int vas
MT
administration OF administration her estate bu right
ss husband Incident arising fro the msrnsfe r. sor ex
,uc that would b- ncn.is,en, with the object aud provisions
cf the 1913 Isl and with the sole and separate gh-
srd interests ntend given snd se.ured married
and tlt property by those acts aud therefore "As a5To
Is b. coucrl,d think th If since the of lSt7 aai
1919 husband entitled the undisos-d OF penon1y cf MS
wife her s, be tahes As husband snd not ainih'
night Of sdmnis rr,on positive nd cer,n by s.uie
and II NAV be- for him 10 administer her estate in
order BY action reduce into hi. possession her
action chsrls J" the ss'son oi third PERSONS hs
il presumed that voluntary 10 him and discharge by
bond note brloneing To the Wis estate wthoa .,
before administration would bo perfectly god no could
nav be admitted that Ibis right to hc prrsonaty would fol-
the exc, pon the Of distribution u his wit : estate.
the Pbseucc Of any sccounaby OF h,bi on ns p'
admin fraisT excep, for tn debs Of his wife; and
yet why he excepted ron th' statutes of Distribution ex
g. n AZ husband snd Why his Bu positive nt of adj
II otherwise competent, except husbandl AID
auy other sdun4rird of The hnsOiud Ud "tA
out hsv fully administered. ard administration de bonis
- rs, 10 ,hird p.r-on va, such other admins rltog both
lsw and by ltu. nrr rs'r" 'r tht husband or
hi. epIesenAtyesl e Keut Conn., l5; Rev Stat 9Th ed
Te language ofti statutes in excepting msred
recover aud enjoy the they enhed BY the tes he
sd in the bocks that the husband entitled administer
f. hi, own benefit husband and hsbe entitled for ts
ee. Of rsonSi pr perty vvheher reduced % po.s.on
Bu,leri note Lib. Go L't But he could not TAX
nu.atcr # h wifi that which be- absolutely entitled
m % h. came b.aey entitled to all her good. aud chi,
tel then in Ler ~ach came into her possession az
reduce into HE p sses,on daring her life. ,...,
m Ia gigua snd effect 10 the statutes OF 1873
and 49, prsosa state Of married wenel the com
Non law o statutory h Of the husband when those ae.
a ~ e in her E time should b. considered of
his marital rights conme1srs win the n'rse continuing IN
i.atr- -" ha' .e o.eo %, W.,git ngt GTsr 2KrruGn ~
ne; the husband IN the wife, Rad vested PrnP
n which the lG4s ieio could not con't'
/ nationally take
ihc sLi Of the . sad reduce the wie chose. IN acton
into h possession M time after her death IN ease be sur
Ivel her, "a pmrrry md yerd fl.hs =. s ,ri - VI G
de, the st ar- her chooses IA ac,lon n'o l-
on absolutely and for hs own beht remaining lh nun sei
When the sud lsa passed the husband toeh
:oS 0S had and b S. % % a % soSH,f IN T .. ' and ais. s
their iUnt live reduce her en- 80 IA action nt So.
and nsd by the man AEs during joint lives right
after Be acn, IL E "a. sonS% TI a. o IKE ,nS b" riar
hs possession, ard recover abSItry Tor ma 90" sr alh
,s,str ~ eb,es in acn which he had r-dured
into his I~i"n her life ne which had not br'tne i.
absolutely prior htr DEATH by beng by her reduced INTO her
Now th rigl he husband the death Of tie wife to
,tke posse end keep his her chose.
and personally after payg her debts beug IN the life
her, chose. in s:ton uto bis pos. son in fte the
from TIE nArr'ee and vested rnt In ne husband
IN the lifetime u the vie. the c.er also flowed o the mar
hs aud vested right in t husband In the ueme oi the
Thc eScrca + either rish nded of coea. npu tie life
Of the hue ll-boh rights liable to b. lieaed by his
dying bcor' his %i hH Il h Ayrd or saTNl'e as Wy, o'
rights h1ed and certain and do not see rev W 1ot o.
App have held ohe.ai. than they d4 In erge
cfe. Ion cf hi, vile qhcn thr acts and 1919 were
pas q. Vested right Certainly it, haby to BE- eiated
- ;n,, a. I -,ris,d or o tax, s4,.ct In tr,.,rssor
IN he inc m. 4 ,h of another, would h. contingent
as the saind der such right possession might de
. pccn, e.t.e or lst wa. % take Zee, in e.s y
q d,c Dig. Con- Rem 2a. nh ed 2Fesey. h.
law wa- ,vh the act. ofI8i8 u took rarc
hl55lnd BY the Ina age t3oH cesn a4a post's sh - a.
before had ,yecd The zh' and rsGnsed them into hLpos
Ato lis ..t IL 5s lo. IN actiel her suG,i'or, D., zht
At administration her estate Iss,iye and certain = stat
- sdniL.,ert t. f1 e RI his l. seton bur di alna
III. .tt.r ven only evidence os bis com
non Law ght e sud benrl- al interest as hlsba 81
A. 10 g1, chlte aud pes; usy oi the wife n her pos
session ~ lus le vt tHs niaii1-ss % =. ~
reason r sying On her oath be- took thea her enni'
traitor ncident eJ q h right Of t
they nls. have absolutely weed il lul Lis os nus1sJ
dos not appccr either 10 his case the Of MeCoke
eat Golden BradL S was:eT tie persn,y o! The e'AIA
,,s s - 80 :. a r..,in h,r ssa. or af chs. h.
scion ii.h snd edi. which hc had n'e reduced 70 hs
iIiIs thtIsfolc hltin this the appellant has sh- %
ke position Ia, since the Of 1913 and 1873 o. the
vii or ri.- ,ts hu.tsnd j. enr % il .5siney 2. h'
own .tsct payment her det that h l. ennied 70
r. a. b 6r III husband, And Incident Of - MAJ
fsr of ho' ~ & is;ii i; saa pet & ,i'g - m as f 49, "
Bus ri,rg the appellant the Jesf q i. Pos doe: i ~
L. til 5sh. .. n, hlsbri would be rLt Nth ts
hts intended by he b. siy,n and secured 70 lri
v1ur T. arl tAsir property, - that It .i o.
~ f.. Il the husband Intend - b. abr I'd thereby
hius AirI Tie most cIeiu sias.- ol Hos fIu pI
ul.s tearuE -- question can 10 s.A lncVn.lsleAcy'
m of 1913 e ened An act FOR 's more eh-, l'
IN of The t, Il nsrci wourn' and hs' and 'he az
Of 1913 ending Intended ALL 70 ssr 70 iii
uTo-rt and d sousl By vii otherwise a. II 1e were
fe-ze s,ie. She Iis. AID eng - and ds 90 u % u, ~
and absolutely exclusively she could hrd he CONTINUED
.iu.e; -Ac uey- h-lss usnd SDaaa aId mus, ds
Ia u . msii.6 WOMAN; ard admit that hr husband OF
L 4 L. fa.r.... LII