Thorburn v. . First National Bank of Port Arthur, Texas
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1920, which reversed in part an order of Special Term and granted a motion by plaintiff substituting the administrators with the wills annexed of John W. Gates and Charles G. Gates, deceased, in place and stead of Dellora R. Gates, as executrix under the wills of said John W. and Charles G. Gates, deceased, said executrix having deceased.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1920, which reversed in part an order of Special Term and granted a motion by plaintiff substituting the administrators with the wills annexed of John W. Gates and Charles G. Gates, deceased, in place and stead of Dellora R. Gates, as executrix under the wills of said John W. and Charles G. Gates, deceased, said executrix having deceased. The following questions were certified: “ 1. Did the Supreme Court have jurisdiction of the subject-matter of the action? 2.…
1Per curiam
The Supreme Court obtained jurisdiction of the executrix in respect to the matters here involved by personal service of a summons upon her. It also had jurisdiction of the subject of the action if the; object thereof were the administration of property? within the state of New York for -the benefit of local creditors.
The court had jurisdiction of the administrator with the will'annexed and the procedure adopted for bringing in such administrator was proper. The judgment, if one be recovered by the plaintiff, will bind the foreign^ administrator only to the extent of its interest in the res in…
2Cited by5 opinions
- Giampalo v. TaylorSupreme Court of Pennsylvania · 1938
- Burrowes v. GoodmanCourt of Appeals for the Second Circuit · 1931
- Solomon v. KittayAppellate Division of the Supreme Court of the State of New York · 1960
- Lord v. ShermanAppellate Division of the Supreme Court of the State of New York · 1963
- Thorburn v. . First National Bank of Port Arthur, TexasNew York Court of Appeals · 1922