Power v. . Speckman
New York Court of Appeals
Appeal-from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 8, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was upon a bond alleged to have been given by defendant Gertrude Burmester, as administratrix of the estate of “ Burnhardine, known as ‘ Dina ’ Overbeck, deceased.”
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Appeal-from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 8, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was upon a bond alleged to have been given by defendant Gertrude Burmester, as administratrix of the estate of “ Burnhardine, known as ‘ Dina ’ Overbeck, deceased.” The facts, so far as material, are stated in the opinion. The letters of administration granted to the public administrator were in all respects valid. (2 R. S. 74, § 27;…
1Opinion of the CourtFinch, J.
One of the sureties of the administratrix, who has been sued for her default, seeks to reverse the recovery against him upon two grounds. Fie claims that her appointment was void, and that she has not been required to account. The case shows that Mrs. Overbeck was supposed to have died intestate, and that her sister, Mrs. Burm ester, was the only next of kin entitled to administration; that she renounced, and the public administrator was appointed, and letters duly issued to him. He seems to have entered upon his duties, and out of a small fund which came to him, amounting to less than five…
2Cases cited4 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- Kelly v. . WestNew York Court of Appeals · 1880
3Cited by9 opinions
- Trachten v. BoyarskySupreme Court of Connecticut · 1937
- In re the Compulsory Accounting of WaringNew York Surrogate's Court · 1894
- In re the Judicial Settlement of the Account of MonellNew York Surrogate's Court · 1899
- Opton v. Guaranty Trust Co.New York Supreme Court · 1949
- Farber v. SmolackAppellate Division of the Supreme Court of the State of New York · 1966
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