In re the Estate of Rainey
New York Surrogate's Court
Deceased died February 10,1891, intestate, leaving Samuel R. Whitten and John R. Whitten, her grandsons, her only next of kin, who were appointed administrators of her estate on the 17th day of September, 1891. On the 27th day of October, 1891, A. V. N. Powelson was duly appointed receiver of the said Samuel R. Whitten in supplementary proceedings. -On March 23, 1893, said-receiver filed his petition with the •surrogate, praying that said administrators be required to…
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Deceased died February 10,1891, intestate, leaving Samuel R. Whitten and John R. Whitten, her grandsons, her only next of kin, who were appointed administrators of her estate on the 17th day of September, 1891. On the 27th day of October, 1891, A. V. N. Powelson was duly appointed receiver of the said Samuel R. Whitten in supplementary proceedings. -On March 23, 1893, said-receiver filed his petition with the •surrogate, praying that said administrators be required to .account. By the account filed on the return of the citation, it appeared that the estate received by the administrators…
1Opinion of the Court
Coleman, S.
At the time of the appointment of the receiver the legal title to the estate of the deceased, was vested *368in her administrators, but her next of lcin had an equitable interest in so much of the property as should remain after the payment of her debts and the expenses of the administration. This equitable interest is property which could be legally assigned by the next of kin, even before settlement of the administrators’ account, and is property which would pass by operation of law to a receiver, duly appointed.
By the appointment of the receiver the interest of Samuel R. Whitten in…
2Cited by3 opinions
- In re the Estate of WoodNew York Surrogate's Court · 1939
- In re the Estate of BeyeaNew York Surrogate's Court · 1894
- In re the Estate of PallonettiNew York Surrogate's Court · 1965