THE SURROGATE'S COURT.

New York, 1895

Wills Proved and Accounts Progressed — To-Day's Calendar.

Surrogate Weller on Friday admitted to probate the wills of Mary Valentine and R. Mayor Fox.

In the accounting of Robert Seabury, executor of the estate of Maryette Matthews, of Hempstead, Judge Garretson acted as surrogate, Judge Weller having drafted the will. The testatrix left an estate valued at $20,000. She left no children. She left one-half of her estate to the heirs of her deceased husband, and one-half to her two sisters, Ann Pine and Eliza Jane Smart. She left nothing in her will to the heirs of her brother, Raynor Pine, deceased, or to the heirs of her sister, Harriet Smith. Ann Pine and Eliza Jane Smart died before the testatrix, and the legacy to them lapsed.

The Pine and Smith children then came in for a share. On the accounting, counsel for the Pine children claimed that the mother of the Smith children was illegitimate. Johnson & Lamb, counsel for the Smith children, claimed that it was a malicious attempt to brand the men, Ira, Hiram and Thomas Smith.

Judge Garretson said: "I am unwilling to find upon the testimony that Harriet Smith was illegitimate. It is probable that David Pine was not her father, but the presumption of illegitimacy is not satisfactorily overcome by the evidence of declarations made years after her death. Decree may be prepared allowing costs to executor, special guardian, and successful objectors, to be fixed upon settlement."

John Lyon appeared for the executor, Johnson & Lamb for the Smith heirs, Edward Cromwell special guardian, and George Wallace for the Smart heirs.

The proceedings were commenced in October, 1894.

Notice was filed of contest of the will of Terresa J. Delaney, of Rockville Centre, who left an estate valued at $7,000. The will is contested by Anestatia Downey, a sister of the testatrix, who is disinherited.

To-day's calendar — Will cases of Ralph Reynolds, Victoria Clegg, Nancy Titus, Johan A. Kutzer and Valentine L. Combs; proceedings in the estate of Peter Felter; accounting estates of George Watts, Patrick Green, Thomas Pettit, Jacob Schafer, Judith Ludlum and Henry R. Dunham; administration case of Henry W. Brockmann.

—The Long Island Farmer, Jamaica, NY, May 31, 1895, p. 8.