1 Dem. Sur. 396 | N.Y. Sur. Ct. | 1882
The will of John McLean, late of Buffalo, deceased, was admitted to probate in this court on October 6th, 1881. At that time, the special guardian of the infant heirs-at-law- and next of kin objected to the granting of letters testamentary to the executrix named in the will, Harriet E. McLean, the widow of the deceased, she having no separate estate, on the ground that her circumstances were such as not to afford adequate security for the due administration of the estate. It appears, from the examination of the executrix on the probate of the will, that her husband’s estate consists of about $5,000, in money deposited in savings banks in her own name, and some real estate which is hers for life, but which she may sell and convert into money in her discretion. The money in the banks was her husband’s, but, during his sickness and while in the full possession of his mental faculties, he directed the officers of the banks to transfer the deposits to his wife. They had been married for twenty-four years, and had one son who lived with them, and every fact in the case would tend to show that she had
The objections of the special guardian are dismissed and letters testamentary will issue to the executrix named in the will.
Decreed accordingly.