In re Fortune
New York Surrogate's Court
Petition for leave to intervene and continue proceedings to compel an executrix to account. In May, 1874, John Fortune died, leaving a will wherein he provided for the support of his niece, Elizabeth' Connick. In September, 1883, Elizabeth, claiming that she had not been paid, began proceedings, to compel the executrix of John Fortune to account and pay the legacy.
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Petition for leave to intervene and continue proceedings to compel an executrix to account. In May, 1874, John Fortune died, leaving a will wherein he provided for the support of his niece, Elizabeth' Connick. In September, 1883, Elizabeth, claiming that she had not been paid, began proceedings, to compel the executrix of John Fortune to account and pay the legacy. While the proceeding was pending, Elizabeth died, but before her death assigned her legacy to her husband Michael J. Dwyer, who made a motion to be substituted in her place, and to continue the proceeding. I. The claim was…
1Opinion of the Court
F. H. Woods, Surrogate.
Application is made in. this matter by the assignee of the petitioner, who is dead, for leave to intervene and to continue the proceedings begun to require the executrix to account. ■Objection is made by the executrix on the ground, first, that this court has not jurisdictions to allow the intervention; and, secondly, that the assignee took nothing under his assignment. No case in point has been cited on the argument, and I have not been, able to find any case which might serve as a precedent. So the considerations hereinafter stated shall stand as reasons for the…
2Cases cited1 opinion
- Hitchcock v. MarshallNew York Surrogate's Court · 1877