Field v. Gibson
New York Supreme Court
Demubeeb to complaint. The ground of demurrer was that the court has not jurisdiction of the defendant, as executrix, &c., nor of the cause of action against her, as executrix, &c., &c.
1Opinion of the CourtVan Vorst, J.
This is an action for the recovery of rent due by the terms of a lease. The defendant is prosecuted as executrix of the last will and testament of Richard P. Gibson, deceased, who, in his lifetime, executed the lease under which the rent accrued.
The complaint alleges, that the defendant, by an order or determination of the surrogate of Monmouth county, in the state of Hew Jersey, duly made, was, on the 16th day of March, 1875, appointed, and now is, the executrix of the will of the *233deceased, Rickard P. Gibson, and as suck took possession of tke premises which plaintiff had leased to the…
2Cases cited4 opinions
- Metcalf v. ClarkNew York Supreme Court · 1864
- Vermilya v. BeattyNew York Supreme Court · 1849
- Gulick v. GulickNew York Supreme Court · 1860
- Safford v. SaffordNew York Court of Chancery · 1838
3Cited by5 opinions
- Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1903
- McGrath v. WeillerAppellate Division of the Supreme Court of the State of New York · 1904
- Hopper v. HopperNew York Supreme Court · 1889
- In re Ancillary Letters of Administration With the Will Annexed of McShaneNew York Surrogate's Court · 1911
- Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1903