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New York Surrogate's Court, 1954

In re the Accounting of Public Administrator

In re the Accounting of Public Administrator
New York Surrogate's Court · Decided September 17, 1954 · Rubenstein
206 Misc. 768; 134 N.Y.S.2d 903; 1954 N.Y. Misc. LEXIS 2849

Counsel

Daniel G. Connolly for administrator, petitioner., Adrian P. Burke, Corporation Counsel (Philip Sokol■ of counsel), for Commissioner of Welfare., Hannah S. Siegel, special guardian for John Haifner and others.

In re the Accounting of Public Administrator

Opinion of the Court

Rubenstein, S.

The assignment executed by the decedent’s widow of all of her claim, right, title and interest in and to her husband’s estate includes within its scope the exemption of $1,000, to which she was entitled under subdivision 4 of section 200 of the Surrogate’s Court Act. The said exemption vested in her upon her husband’s death (Crawford v. Nassoy, 173 N. Y. 163; Matter of Macneal, 174 Misc. 947), and there is no statutory prohibition against such an assignment (Personal Property Law, §§ 41, 32), nor is it against public policy.

Proceed accordingly.

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