Hicks v. Hicks
New York Supreme Court
This was an appeal from an order of the surrogate of the city and county of New-York. On the 28th of January, 1847, Robert T. Hicks, as the brother of Henrietta Hicks, deceased, applied to the surrogate of New-York for letters of administration upon her estate.
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This was an appeal from an order of the surrogate of the city and county of New-York. On the 28th of January, 1847, Robert T. Hicks, as the brother of Henrietta Hicks, deceased, applied to the surrogate of New-York for letters of administration upon her estate. A citation was issued to the other next of kin, returnable on the 4th of February, 1847. Catharine Hicks opposed the granting of letters of administration, on the ground that the deceased had left a will, and she propounded the same for proof; and also on the ground that she had appealed from the decree of the surrogate in the matter…
1Opinion of the Court
By the Court,
Mitchell, J.
The question presented is, whether the surrogate commits an error in granting an order that a particular person be appointed administrator, after an instrument has been propounded for proof before him as a will, and rejected by him as null and void, and the party propounding it appeals from his decision, and gives the bond required by law.
The law allows a stay of proceedings on every order or decree of the surrogate, when it is appealed from and the proper bond is given, and other requirements of the statute are complied with; except when perishable property is to be…
2Cited by5 opinions
- Dinwiddie v. ShipmanIndiana Supreme Court · 1915
- In re the administration of the Estate of HillNew Jersey Court of Chancery · 1897
- Newhouse v. GaleNew York Surrogate's Court · 1853
- Story v. DuffyNew York Supreme Court · 1853
- Porter v. Haley & StoneMississippi Supreme Court · 1877