Gerould v. . Wilson
New York Court of Appeals
Appeal from order of the General Term, of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of defendant James R. Wilson, entered upon the report of a referee. (Reported below, 16 Hun, 530.) This action, was upon a bond, given by defendant Byron H. Wilson, as administrator of the estate of James Wilson, deceased. Defendant James B. Wilson, one of the sureties alone appeared and answered.
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Appeal from order of the General Term, of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of defendant James R. Wilson, entered upon the report of a referee. (Reported below, 16 Hun, 530.) This action, was upon a bond, given by defendant Byron H. Wilson, as administrator of the estate of James Wilson, deceased. Defendant James B. Wilson, one of the sureties alone appeared and answered. J Letters of administration were issued to said Byron LI. Wilson, by the surrogate of the county of Steuben, in May, 1864, aud on the same day the bond was delivered to said…
1Opinion of the Court
Folger, Ch. J.
The objection made by the defendant to the
bond is not valid. The Bevised Statutes (2 B. S. 77, § 42), do not prescribe the tenor (Doug. 193; 7 Exch. 537, *561) of the condition of the bond to he given by an administrator; they prescribe the substance. The bond would have been more even with the facts and the intention of the Probate Court, and of the parties who signed it, had it named the surrogate of Steuben county instead of naming the surrogate of Ontario county. But that part may be left out in reading, and still there is enough to square with the requirement of the statute,…
2Cases cited7 opinions
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Scofield v. . ChurchillNew York Court of Appeals · 1878
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- Ring v. GibbsNew York Supreme Court · 1841
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- Greer v. McNealSupreme Court of Oklahoma · 1902
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