Legal Opinion

Kelly v. . West

New York Court of Appeals

Decided February 24, 1880PublishedCited by 24 opinions

Appeal from an order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of plaintiffs, entered upon a verdict, and granting a new trial. This action was brought by plaintiffs as administrators of the estate of Henry H. Richardson, deceased, against the defendants as sureties, upon the official bond of Ellen C. Richardson, late administratrix of said estate.

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Appeal from an order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of plaintiffs, entered upon a verdict, and granting a new trial. This action was brought by plaintiffs as administrators of the estate of Henry H. Richardson, deceased, against the defendants as sureties, upon the official bond of Ellen C. Richardson, late administratrix of said estate. The facts, so far as material, are set forth in the opinion. The order of removal having been made upon proper service of a citation, and upon notice of motion, and…

1Opinion of the CourtEarl, J.

Henry H. Bichardson, an inhabitant of the city of New York, died intestate in June, 1875 ; and in July, Ellen 0. Richardson, his widow, was appointed by the surrogate of ¡New York to administer upon his estate. She continued to act as administratrix until March 7, 1876, when an order was made by the surrogate removing her, and these plaintiffs, one a brother of the intestate, and the other a creditor, were appointed administrators in her stead. Upon their application she was subsequently cited to appear before the surrogate and render her account as administratrix. As a result of the…

2Cases cited2 opinions

  1. Ball v. State of New YorkNew York Court of Appeals · 1977
  2. Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875

3Cited by24 opinions

  1. O'Connor v. . HugginsNew York Court of Appeals · 1889
  2. Rice v. TiltonWyoming Supreme Court · 1905
  3. Harrison v. . ClarkNew York Court of Appeals · 1882
  4. Power v. . SpeckmanNew York Court of Appeals · 1891
  5. Steinberg v. SaltzmanWisconsin Supreme Court · 1907

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