In re Grove
New York Surrogate's Court
Salome F. Howell, having been appointed administratrix with will annexed, upon the estate of Margaretta Grove, deceased, the administratrix, after taking the oath, of office and signing the required bond, produced her husband as one of the proposed sureties thereon, but the administration clerk refused to accept him as a surety, solely upon the objection that he was the husband of the administratrix.
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Salome F. Howell, having been appointed administratrix with will annexed, upon the estate of Margaretta Grove, deceased, the administratrix, after taking the oath, of office and signing the required bond, produced her husband as one of the proposed sureties thereon, but the administration clerk refused to accept him as a surety, solely upon the objection that he was the husband of the administratrix. Application was then made to the surrogate to direct the clerk to accept the husband upon the bond, if, in other respects than his marriage to the administratrix, he was a good and sufficient…
1Opinion of the Court
Ransom, Surr.
The administratrix, after taking the oath of office and signing the required bond in the penalty of $6,000, produced, as one of her proposed sureties, her husband.
The administration clerk refused to accept him as a surety, the custom having been latterly to conform the practice, in this particular, to the decision by Lawrence, J., in the Matter of the estate of David McMaster (12 Civ. Pro. R. (Browne) 177).
Up to the present time, this decision has never been questioned; no objection has ever been made to the rejection of a husband or wife as the surety on the bond of each other.
Th…
2Cases cited9 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Yale v. . DedererNew York Court of Appeals · 1858
- Knapp v. . SmithNew York Court of Appeals · 1863
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Bodine v. . KilleenNew York Court of Appeals · 1873
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3Cited by2 opinions
- Wickham v. WeilNew York Court of Common Pleas · 1892
- Wattengel v. SchultzNew York Supreme Court · 1895