In Re the Administration of the Goods & Chattels of Curser
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made the second Monday of December, 1881, which reversed two orders of the surrogate of Westchester county, one of which denied the petition of S. Cecelia Baxter asking for the revocation of letters of administration before that issued to Martha E. Yarian, as sole administratrix of the estate of Benjamin Gurser, and for the issuing of joint letters to the said petitioner and said…
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made the second Monday of December, 1881, which reversed two orders of the surrogate of Westchester county, one of which denied the petition of S. Cecelia Baxter asking for the revocation of letters of administration before that issued to Martha E. Yarian, as sole administratrix of the estate of Benjamin Gurser, and for the issuing of joint letters to the said petitioner and said Martha E. Yarian; the other refused to grant joint letters. The order of General Term also vacated and set aside the…
1Opinion of the CourtPectoh, J.
The surrogate issued letters of administration to one of two sisters, who was unmarried, without notice to the other, who was a married woman. If the two had- in all respects an exactly equal right, notice to one was an essential requisite to a valid appointment of the other. (Code, § 2662.) But if the provision of the Revised Statutes establishing preferences among those of equal degree of kindred to the intestate, as males to females, relatives of the whole blood to those of the half blood, and unmarried' to married woman (2 R. S., title 2, part 2, chap. 6, § 28), remains unrepealed and in…
2Cases cited2 opinions
- People Ex Rel. Kingsland v. . PalmerNew York Court of Appeals · 1873
- West v. MapesNew York Surrogate's Court · 1880
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