People v. Pelham
New York Supreme Court
Surrogate’s Court. Pelham was arrested by the sheriff of Erie county, on an attachment issued by the surrogate of Monroe, tested 29th December, 1832, returnable in 16 days, for the neglect of Pelham, as administrator of the estate of one William Hagar, deceased, to render an account of his administration, letters of administration having been granted to him by the surrogate of Monroe.
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Surrogate’s Court. Pelham was arrested by the sheriff of Erie county, on an attachment issued by the surrogate of Monroe, tested 29th December, 1832, returnable in 16 days, for the neglect of Pelham, as administrator of the estate of one William Hagar, deceased, to render an account of his administration, letters of administration having been granted to him by the surrogate of Monroe. A commissioner in Erie county issued a habeas corpus, directing the sheriff of Erie to bring Pelham before him, with the cause of his detention; and on his being brought up, the commissioner being of opinion…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Whether the surrogate had power to commit or not is the principal question. It is also-contended that the commissioner proceeded irregularly in not requiring notice to be given. Both questions depend entirely *49upon the statutes 5 it will be necessary therefore to refer to them. First, as to the power of the surrogate to commit out of his own county s “ The surrogate of each county shall have sole and exclusive power within the county to grant letters of administration in certain cases.” 2 R. S. 73, § 23. There is no question in this case but what administration was…
2Cited by4 opinions
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- Matter of LeggatNew York Court of Appeals · 1900
- Cleveland v. WhitonNew York Supreme Court · 1860