Proctor v. Wanmaker
New York Court of Chancery
This was an appeal by the administratrix and administrator of Amos Proctor deceased, from an order of the surrogate, of the city and county of New-York, denying the application of the appellants to set aside the letters of administration granted to the public administrator; and also revoking and setting aside the letters of administration which had been granted to the appellants.
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This was an appeal by the administratrix and administrator of Amos Proctor deceased, from an order of the surrogate, of the city and county of New-York, denying the application of the appellants to set aside the letters of administration granted to the public administrator; and also revoking and setting aside the letters of administration which had been granted to the appellants. The decedent was a resident of the city of New-York, and died there in Hay, 1844, leaving Elizabeth Proctor, one of the appellants, his widow, and several adult children surviving him. His principal property…
1Opinion of the Court
The Chancellor.
The grant of administration to the public administrator in September, 1844, was clearly irregular, and should have been set aside by the surrogate. The statute is imperative, that if the property of the intestate exceeds the value of $100, the public administrator shall serve a personal notice, upon the. widow and the relatives who are entitled to any share of his estate, if there be any to be found in the city of NewYork, of his intention to apply to the surrogate for letters of administration. And in all cases where the notice shall not have been personally served, it shall…
2Cited by9 opinions
- Brick's EstateNew York Surrogate's Court · 1862
- Estate of LeavensWisconsin Supreme Court · 1886
- Dobke v. McClaranNew York Supreme Court · 1864
- Campbell v. ThatcherNew York Supreme Court · 1866
- Bailey v. StewartNew York Surrogate's Court · 1876
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