Carow v. Mowatt
New York Court of Chancery
This was an application, by a petition, on the part of the public administrator, Silvam~s Miller. The petition shewed, that the defendant, Martha Mowatt, had been superseded by the Surrogate of the city and county of New York, as adminis~ tratrix of John E. Mowatt, and that Mr. Mi11~r had been appointed, by the same Surrogate, iii her p1ace.~ It specified an amount of funds which were in the hands of the said Martha Mowatt, as administratrix; suggested that the same should…
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This was an application, by a petition, on the part of the public administrator, Silvam~s Miller. The petition shewed, that the defendant, Martha Mowatt, had been superseded by the Surrogate of the city and county of New York, as adminis~ tratrix of John E. Mowatt, and that Mr. Mi11~r had been appointed, by the same Surrogate, iii her p1ace.~ It specified an amount of funds which were in the hands of the said Martha Mowatt, as administratrix; suggested that the same should be paid to Silvanus Miller; and prayed, that he might be substituted in her place as a defendant in the above suitS…
1Opinion of the Court
The Vice-Chancellor :—I
think this motion has been r*o'htly opposed by the complainant. Martha Mowatt ought n°t to be released from any liability she may have incurred as. the administratrix of her late husband; and the complainant is en^í¡e¿ to call her to an account. I have looked into some authorities to see how far the court can substitute one defendant for another in the summary way required by this-petition. The case of Foster v. Deacon, 6 Madd. C. R. 58,* is an authority directly in point. The petitioner in that case was the assignee* for a valuable consideration, of the unascertained…
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