In re the Estate of Weisell
New York Surrogate's Court
Application by the surety of a temporary administrator, in a proceeding for the judicial settlement of the latter’s account, to compel restoration of assets of the estate alleged to have been fraudulently or collusively obtained from the temporary administrator by a third person.
1Opinion of the Court
Thomas, S.
Assuming all of the allegations of the petition to be true, I am entirely without jurisdiction to grant the relief prayed for. The respondent is a stranger to the estate and all of his wrongful acts are alleged to consist of improper dealings with assets of the estate fraudulently or collusively obtained by him from the temporary administrator. The remedies permitted by statute to be had in this court for such injuries are against the administrator and incidentally against his surety. Controversies between the administrator or his surety and strangers based thereon must be settled…
2Cases cited2 opinions
- Devlin v. HinmanAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Judicial Accounting of RothschildAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Cohn v. BartlettAppellate Division of the Supreme Court of the State of New York · 1918
- Higbee v. SchwartzNew York Supreme Court · 1945