Christy v. Libby
New York Court of Common Pleas
Appeal from an order overruling a demurrer. This action was brought by Harriet E. Christy, administratrix of thg estate of Edwin P. Christy, deceased, against James S. Libby, individually and as collector of the estate of said Edwin, to compel the defendant to account to the .plaintiff for the assets he had received as such collector, and that he be ordered to deliver up and pay over the property and moneys of the estate, and the value of property lost through his…
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Appeal from an order overruling a demurrer. This action was brought by Harriet E. Christy, administratrix of thg estate of Edwin P. Christy, deceased, against James S. Libby, individually and as collector of the estate of said Edwin, to compel the defendant to account to the .plaintiff for the assets he had received as such collector, and that he be ordered to deliver up and pay over the property and moneys of the estate, and the value of property lost through his mismanagement. The allegations of the complaint were in the following form :— The complaint of the plaintiff, as administratrix of…
1Opinion of the Court
By the Court.—Daly, F. J.
—The complaint avers the day of the death of the intestate, the granting of letters of administration upon his estate to the plaintiff, the day when they were granted, that they were granted by the surrogate of the city and county of New York and that the plaintiff qualified and entered upon her duties, as administratrix, which is all and even more«than was necessary (Ring v. Roxberough, 2 Tyr., 468 ; 2 Will, on Ex., 1595, and note 1, 4th Am. Ed. ; 1 Chitty on Pl., 315; 2 Id., 109,110; Ch. Am. Ed.; Ketchum v. Ketchum, 4 Cow., *20087; Goldthwayte v. Petrie, 5 T. R., 234).…
2Cases cited2 opinions
- Percival v. HickeyNew York Supreme Court · 1820
- Ketchum v. KetchumNew York Supreme Court · 1825
3Cited by3 opinions
- Busch v. BuschNew York Court of Common Pleas · 1884
- Everingham v. VanderbiltNew York Supreme Court · 1876
- State Ex Rel. Gay v. District CourtSupreme Court of Minnesota · 1937