Legal Opinion

In re the North Shore Staten Island Ferry Co.

New York Supreme Court

Decided September 9, 1872PublishedCited by 11 opinions

APPEAL from an order made at a special term, setting aside and declaring null and void an election of directors of the North Shore Staten Island Ferry Company. The affidavit of Mortimer L. Fowler, upon which the order to show cause was granted, alleged that George W. Wilson, late of the county of Richmond, deceased, died on -the 15th of April, 1872, at his residence in said county, intestate.

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APPEAL from an order made at a special term, setting aside and declaring null and void an election of directors of the North Shore Staten Island Ferry Company. The affidavit of Mortimer L. Fowler, upon which the order to show cause was granted, alleged that George W. Wilson, late of the county of Richmond, deceased, died on -the 15th of April, 1872, at his residence in said county, intestate. That on the application of his widow, Adele M. Wilson, to the county judge and surrogate of said county of Richmond, herself, the said Adele M. Wilson, and the deponent were, on the 23d day of April,…

1Opinion of the Court

By the Court, Gilbert, J.

The statute under which this company was incorporated, (3 Edm. Stat. p. 872,) provides that the stock of the company shall be deemed personal estate, (§ 10,) and that each stockholder shall be entitled to as many votes as he owns shares of stock in said company. (§ 4.)

Upon the' death of Mr. Wilson, the intestate, and the appointment of Mr. Fowler and Mrs. Wilson as administrators of his goods, &c., and their acceptance of the trust, the latter became, by operation of law, vested with the legal title to the stock in question, and consequently stockholders of the…

2Cases cited2 opinions

  1. Bailey v. . HollisterNew York Court of Appeals · 1862
  2. Middlebrook v. Merchants' BankNew York Court of Appeals · 1866

3Cited by11 opinions

  1. In re the Estate of SteinbergNew York Surrogate's Court · 1934
  2. Elias v. SchweyerNew York Supreme Court · 1896
  3. In re the Election of Directors of Cape May & Delaware Bay Navigation Co.Supreme Court of New Jersey · 1888
  4. In re EliasNew York Supreme Court · 1896
  5. Townsend v. WinburnNew York Supreme Court · 1919

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