Legal Opinion

Gulick v. Gulick

New York Supreme Court

Decided November 7, 1860PublishedCited by 11 opinions

THE complaint in this action states that in 1851 and 1852 John C. Gulick and Eichard M. Gulick resided in. California, and that John became indebted to Eichard in the sum of $2300. That in April, 1852, Eichard died, in California, intestate, and John took possession of his" personal property, and converted the same into money, to the amount of $2000. That in March, 1855, John died, at Honolulu, Sandwich Islands, intestate, leaving surviving the defendants Ellen P. Gulick,…

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THE complaint in this action states that in 1851 and 1852 John C. Gulick and Eichard M. Gulick resided in. California, and that John became indebted to Eichard in the sum of $2300. That in April, 1852, Eichard died, in California, intestate, and John took possession of his" personal property, and converted the same into money, to the amount of $2000. That in March, 1855, John died, at Honolulu, Sandwich Islands, intestate, leaving surviving the defendants Ellen P. Gulick, his widow, and Millicent F. Gulick, his only child and next of kin; and leaving personal property to the amount of $15,000…

1Opinion of the Court

By the Court,

Bonney, J.

We see no cause to question

the correctness of this judgment. The surrogate of Hew York, upon the facts stated in the complaint, clearly had power to grant letters of administration upon the estate of Bichard M. Grulick in this state, and the plaintiff, as such administrator, is the proper representative of that estate, and authorized to prosecute any action for its benefit. (3 R. S. 5th ed. 158, § 23.)

The counsel for the appellants strenuously insists that the facts stated constitute no cause of action against either of the defendants, of which this court can take…

2Cited by11 opinions

  1. Metcalf v. ClarkNew York Supreme Court · 1864
  2. Field v. GibsonNew York Supreme Court · 1878
  3. Thorburn v. GatesNew York Supreme Court · 1918
  4. Leach v. BucknerWest Virginia Supreme Court · 1881
  5. McGrath v. WeillerAppellate Division of the Supreme Court of the State of New York · 1904

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