Lathrop v. . Smith
New York Court of Appeals
Appeal from the Supreme Court. E. Thomas Lathrop died leaving a father and brother, and the appellant being a creditor of the deceased, applied by petition to the surrogate of Oswego county for letters of administration. The father of the deceased having renounced administration, the surrogate granted letters to the appellant, without the issuing or service of any citation to the brother of the deceased.
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Appeal from the Supreme Court. E. Thomas Lathrop died leaving a father and brother, and the appellant being a creditor of the deceased, applied by petition to the surrogate of Oswego county for letters of administration. The father of the deceased having renounced administration, the surrogate granted letters to the appellant, without the issuing or service of any citation to the brother of the deceased. On appeal, the Supreme Court at general term reversed the decision of the surrogate, holding that the surrogate should have cited the brother' of the decedent, before granting letters to the…
1Opinion of the CourtDavies, J.
It is provided by statute, that when any person shall apply for administration either with the will annexed, or in case of intestacy, and there shall be any other person having prior right to such administration, the applicant shall produce, prove and file with the surrogate, a written renunciation of the persons having such prior right. If he fail to do so, before any such letters shall be granted, a citation shall be issued to all persons having such prior right, to show cause, at a day to be therein specified, why administration should not be granted to such applicant. (2 R. S., p. 76, §…
2Cited by23 opinions
- In Re the Estate of D'AdamoNew York Court of Appeals · 1914
- In re Wilson's EstateNew York Supreme Court · 1895
- Cooper v. CooperIndiana Court of Appeals · 1909
- In re the Administration of the Goods, Chattels & Credits of SeymourNew York Surrogate's Court · 1900
- In re Letters of Administration on the Goods, Chattels & Credits of WolffAppellate Division of the Supreme Court of the State of New York · 1914
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