Legal Opinion

Van Giessen v. . Bridgford

New York Court of Appeals

Decided January 18, 1881PublishedCited by 13 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made at the May term, 1879, affirming an order of the surrogate of Albany county, denying an application for letters of administration, with the will annexed, of the goods, etc., of Anñeke Jantz Bogardus, deceased. (Reported below, •18 Hun, 80.) The facts are set forth sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made at the May term, 1879, affirming an order of the surrogate of Albany county, denying an application for letters of administration, with the will annexed, of the goods, etc., of Anñeke Jantz Bogardus, deceased. (Reported below, •18 Hun, 80.) The facts are set forth sufficiently in the opinion. A surrogate cannot determine the question of limitation and lapse of time; nor whether it has barred the remedy to recover alleged unadministered assets; or whether the proposed…

1Opinion of the CourtAndrews, J.

The appellant claiming to be a descendant (of the seventh generation) of Anneke Jantz Bogardus, who died in the village of Beverwyck (within the present city and county of Albany), on or about the 19th day of March, 1663, presented his petition to the surrogate of the county of Albany on the 18th day of July, 1877, praying that letters of adminis tration, with the will annexed, of the goods, chattels and credits of the said Anneke Jantz Bogardus, left unadministered, be granted to the petitioner. The petitioner alleged in his petition the death of Anneke Jantz Bogardus, leaving a will of real…

2Cases cited2 opinions

  1. Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
  2. Roome v. . PhilipsNew York Court of Appeals · 1863

3Cited by13 opinions

  1. Fay v. New YorkSupreme Court of the United States · 1947
  2. In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
  3. Barlass v. BarlassWisconsin Supreme Court · 1910
  4. In re GridleyAppellate Division of the Supreme Court of the State of New York · 1917
  5. Lauderdale Peerage ClaimNew York Supreme Court · 1885

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