Sutton v. Weeks
New York Surrogate's Court
Application by Louisa M. Sutton, a granddaughter of decedent, and a legatee under his will, to compel administrator, with the will annexed, of the goods, etc., of decedent remaining unadministered, to give additional security. John J. Merritt, the executor, etc., of decedent, having died, James Weeks and George Merritt were appointed administrators with the will annexed. Further facts sufficiently appear in the opinion.
1Opinion of the Court
The Surrogate.
The statute requires that the administrator with the will annexed shall give security, and it makes the provisions with respect to the bond to be given by an administrator applicable to such security (Code, § 2645). An administrator is required to give a bond in at least double the amount of the personal property of which the decedent died possessed (Code, § 2667). But it is not supposed that it was the intention of the legislature to exact, from an administrator with the will annexed, a bond for more than double the value of the property left unadministered. In requiring an…
2Cases cited2 opinions
- Wright v. . FlemingNew York Court of Appeals · 1879
- Downing v. SmithNew York Surrogate's Court · 1880
3Cited by1 opinion
- Scott v. GerrishCalifornia Supreme Court · 1900