Weston v. E. &. H. Weston
New York Supreme Court
THIS was an action of trover, for certain .articles of household furniture, specified in the declaration. The defendant pleaded not guilty, and subjoined to the plea a notice of special matter, to be given in evidence at the trial, to wit, that the defendants before the finding alleged in the delaration, to wit, on the 28th of October, 1816, at Onondaga, &c,, were duly appointed,by the surrogate of the county of Onondaga, administrators of, and upon, the estate of Stephen…
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THIS was an action of trover, for certain .articles of household furniture, specified in the declaration. The defendant pleaded not guilty, and subjoined to the plea a notice of special matter, to be given in evidence at the trial, to wit, that the defendants before the finding alleged in the delaration, to wit, on the 28th of October, 1816, at Onondaga, &c,, were duly appointed,by the surrogate of the county of Onondaga, administrators of, and upon, the estate of Stephen Weston deceased; late the husband of the plaintiff; and that if the goods and chattels set forth in the declaration, came'…
1Opinion of the CourtSpencer, J.
The defendants, claiming to be administrators of Stephen Weston, took the goods and chattels for which this suit is brought, out of the possession of the plaintiff; and it is admitted, by the case, that they belonged to the intestate at the time of his death. The only question for the consideration of the court is, whether the surrogate of the county of Onondaga had authority to grant letters of administration of the estate of Stephen Weston?
It is admitted, that he died intestate, in the fall of 1814, in ihe state of Ohio ; that he had been absent from this state for seven years previous to…
2Cited by2 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Sherman v. BallouNew York Supreme Court · 1828