Vreedenburgh v. Calf
New York Court of Chancery
This was an appeal from a decision of the surrogate of the county of Richmond. Special letters of administration, ad colligendum, had been granted to Vreedenburgh, upon the estate of Cornelius Roberts deceased, until probate of the will of the decedent could be made and letters testamentary granted thereon.
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This was an appeal from a decision of the surrogate of the county of Richmond. Special letters of administration, ad colligendum, had been granted to Vreedenburgh, upon the estate of Cornelius Roberts deceased, until probate of the will of the decedent could be made and letters testamentary granted thereon. On the 29th of October, 1838, upon the application of the respondent Calf who claimed an interest in the estate of the decedent, and after hearing of the parties, the surrogate made an order that the special administrator should give further sureties, in the sum of $35,000, on or before…
1Opinion of the Court
The Chancellor,
The most important question presented in this case arises upon the construction of the revised statutes in relation to the staying of proceedings upon appeals from the decisions of surrogates. Another question has been raised, by the counsel for the respondent, as to the jurisdiction of the surrogate to entertain the application to set aside the order of the 6th of November ; even if it was irregular. I have no doubt, however, as to his power to vacate the order if it was improperly entered. The provision of the revised statutes depriving the surrogate of the authority to…
2Cited by14 opinions
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- Estate of LeavensWisconsin Supreme Court · 1886
- Seaman v. . WhiteheadNew York Court of Appeals · 1879
- Farrington v. KingNew York Surrogate's Court · 1850
- Olmsted v. LongNew York Surrogate's Court · 1885
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