People Ex Rel. Safford v. . Surrogate's Court
New York Court of Appeals
Appeal from an order of the Appellate' Division of the Supreme Court "in the fourth judicial department, entered May 21, 1920, which affirmed an order of Special Term denying a motion for an alternative writ of prohibition. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate' Division of the Supreme Court "in the fourth judicial department, entered May 21, 1920, which affirmed an order of Special Term denying a motion for an alternative writ of prohibition. The facts, so far as material, are stated in the opinion. Surrogates’ Courts are courts of strictly limited jurisdiction, deriving their powers exclusively from statutory enactment, and to sustain such jurisdiction legislative authority must be affirmatively shown. (Geduld v. Baltimore & O. R. R. Co., 55 Misc. Rep. 239; Henneke v. Schmidt, 121 App. Div. 516; Carpenter v.…
1Opinion of the CourtAndrews, J.
A resident of New Jersey died in Germany, leaving only personal property located in Genesee county. His will was there admitted to probate. It created a trust and named the executors as trustees. When the estate was administered an accounting was had and in‘pursuance to the decree the trust fund was turned over to the trustees. One of them resided at Batavia. The others were non-residents. The resident trustee and the successors of the other two have now filed with the surrogate a petition for a final accounting and for permission- to sell certain securities. A citation was thereupon issued…
2Cited by26 opinions
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
- Southern Pacific Co. v. Heltzel & Pacific Inland Tariff Bureau, Inc.Oregon Supreme Court · 1954
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