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In re Durscheidt's Estate

19 N.Y.S. 973 Court N.Y. Gen. Term Decision date 1892-07-22 English

Delivered by Barnard, P. J.

Contents

Majority

p. 973
In re Durscheidt’s Estate.
(Supreme Court, General Term, Second Department.
July 22, 1892.)

Headnote

Allowance to Widow—“Money.”
Money is “personal property, ” within the meaning of Laws 1842, c. 157, allowing a widow from the estate of her deceased husband “other personal property” to the value of $150.
Appeal from surrogate’s court, Kings county.-
Petition by Sophia Durscheidt, widow of Jacob Durscheidt, deceased, for an order directing Anna Woelling, as executrix of Jacob Durscheidt, to pay over to petitioner the sum of $150 out of the money remaining to the credit of said estate, and deliver to her the articles of furniture mentioned in the inventory. The executrix appeals from so much of an order of the surrogate-granting the petition as directs payment to the petitioner of the money.
Affirmed.
Argued before Barnard, P. J„ and Cullen, J.
Fernando Solinger, for appellant. Julius Klamke, for respondent.

The testator left a very small estate, consisting of furniture of the value of $50, and $614 -cash. He left a widow. The appraisers set apart the furniture of deceased for the use of the widow, and also set apart for her $150 in cash, under chapter 157, Laws 1842. The words of this act provide the exemption in favor of the widow to be “necessary household furniture, provisions, or other personal property” of the value of not over $150. The court of appeals in Re Frazer, 92 N. Y. 239 , held that, when the-husband gave all the household property to his wife, the $150 exemption could be given out of other personal property. The question is thus narrowed to this: whether money is “personal property,” within the meaning of this statute. It has been so held by surrogate’s court. Lyendecker v. Eisemann, 3 Dem. Sur. 72. In general signification, the bank book was personal property. The law intended to give an exemption, in addition to specific articles named, to this amount, ($150,) and it should be construed so as to carry out the benign intent of the legislature. The order should be affirmed, with costs and. disbursements.

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