Woodruff v. Cox

The Surrogate.

The executrix having, on the application of an alleged creditor, been required to show cause why his claim should not be paid, appeared and averred that since the issuing of the letters testamentary she had married; and her husband not having been made a party to the proceeding, she insisted the application should be dismissed, with costs.

The statute prescribes that no married woman shall be entitled to letters testamentary, unless her husband consent thereto, by a writing to be filed with the Surrogate; and that, by giving such consent, he shall be deemed respon*154sible for her…