Evans v. Schoonmaker
New York Surrogate's Court
Application by Carrie B. Evans, decedent’s widow, for ancillary letters of administration on Ms estate; opposed by Daniel W. Sckoonmaker, a creditor. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The widow of this decedent has applied for ancillary letters of administration upon his estate. One who claims as creditor asks that, if her petition be granted, she be required to give a bond, in a snm sufficient to secure the payment of his claim. Under § 2699 of the Code of Civil Procedure, the Surrogate is authorized, upon the issuance of ancillary letters, to fix the penalty of the bond in his discretion, except that he cannot require any larger penalty than twice the amount which appears to be due to resident creditors. In exercising, in the present case, this…
2Cases cited3 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Donnell v. . WalshNew York Court of Appeals · 1865
- Coley's EstateNew York Surrogate's Court · 1862
3Cited by1 opinion
- In re Prout's EstateNew York Supreme Court · 1890