Legal Opinion · Dissent

In re Hastings

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1907Published

Appeal by Sinclair Tousey and others, individually and as president, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on-the 14th day of May, 1907, granting a peremptory writ of mandamus for-the inspection of the books and records of the corporation Frank Tousey, Publisher. . /

1Dissent

Laughlin, J. (dissenting):

The petition of the respondent shows,, among other things, that he is temporary administrator of the estate of Rosalie Tousey Hastings, deceased, who died on the 28th day of December, 1906, leaving a last will and testament which has been'duly propounded by him .for probate; that the probate of the will was contested, whereupon, on the 19th day of March, 1907, he was duly appointed temporary administrator and has duly qualified by taking the oath of office and executing a bond in the penalty of $300,000 and has entered ' upon the discharge of his duties and is still…

2Cases cited6 opinions

  1. In Re the Judicial Accounting of McGowanNew York Court of Appeals · 1891
  2. In Re the Appraisal of the Property of FitchNew York Court of Appeals · 1899
  3. In re the North Shore Staten Island Ferry Co.New York Supreme Court · 1872
  4. In re the Estate of DoetzAppellate Division of the Supreme Court of the State of New York · 1907
  5. In re SteinwayAppellate Division of the Supreme Court of the State of New York · 1898

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