Calyer v. Calyer
New York Surrogate's Court
Application, on the part of the devisee under the will of John Calyer, deceased, for an order requiring the administrator with the will annexed of the said John Calyer, to pay over to her certain rents from real estate, which she claimed were devised to her for life by said will, and also restraining the administrator from further collecting the rents from said real estate.
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Application, on the part of the devisee under the will of John Calyer, deceased, for an order requiring the administrator with the will annexed of the said John Calyer, to pay over to her certain rents from real estate, which she claimed were devised to her for life by said will, and also restraining the administrator from further collecting the rents from said real estate. It was objected on the part of the administrator that the court had no jurisdiction to make such an order.
1Opinion of the Court
The Surrogate.—The foundation of this application is the claim of the devisee that the rents in question have been devised to her individually, for life, and that the *306said administrator with the will annexed has nothing to do with them.
I agree with her ; but this court has no jurisdiction to control the conduct of an administrator with or without the will annexed, in relation to property wrongfully taken possession of by him under color of his letters of administration. (Marston v. Paulding, 10 Paige, 40; Shumway v. Cooper, 16 Barb., 556.)
The provision of the Revised Statutes, giving the…
2Cases cited2 opinions
- Shumway v. CooperNew York Supreme Court · 1853
- Marston v. PauldingNew York Court of Chancery · 1842
3Cited by2 opinions
- In re the Estate of BlowNew York Surrogate's Court · 1890
- In re the Estate of BlowNew York Surrogate's Court · 1889