Libbey v. . Mason
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 14, 1886, which affirmed a decree of the Surrogate’s Court of the county of Kings granting letters of - administration upon the estate of Lydia C. Libbey, deceased, to Emma J. Mason, respondent, and denying them to John Libbey, appellant. (Reported below, 42 ÍJun, 470.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 14, 1886, which affirmed a decree of the Surrogate’s Court of the county of Kings granting letters of - administration upon the estate of Lydia C. Libbey, deceased, to Emma J. Mason, respondent, and denying them to John Libbey, appellant. (Reported below, 42 ÍJun, 470.) The material facts are stated in the opinion. The husband has the prior and better right to administer under the provisions of the Revised Statutes, and being a citizen of the United States, such right is not impaired by…
1Opinion of the CourtFinch, J.
On the 14th of February, 1886, Lydia C. Libbey, a resident of Brooklyn in this state, died leaving her surviving her husband, John Libbey, who resided in the state of Maine, and her daughter by a former husband, who is the respondent, Emma J. Mason. On the 11th of March following she presented to the surrogate of Kings county a petition asking to be appointed administratrix of her mother’s estate. FTo citation to the non-resident husband was directed to be issued, but on the 15th day of March, 1886, and while the prior proceeding was pending and undetermined, he appeared before the surrogate…
2Cases cited1 opinion
- In Re the Estate of PageNew York Court of Appeals · 1887
3Cited by6 opinions
- In Re the Administration of the Estate of CampbellNew York Court of Appeals · 1908
- San Pedro, Los Angeles & Salt Lake Railroad v. BaileyNevada Supreme Court · 1909
- In re Awarding Letters of Administration upon the Estate of CampbellAppellate Division of the Supreme Court of the State of New York · 1908
- Tilden v. AitkinAppellate Division of the Supreme Court of the State of New York · 1899
- In re Board of EducationNew York City Court · 1890
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