People ex rel. Meyer v. Hartman
The Superior Court of New York City
The action was against the defendant Hartman as the surety upon the bond of his co-defendant Wuest, the executrix of the last will of Peter Wuest, given under section 18 of 2 Rev. Stat., 72. Letters testamentary were issued to Mrs. Wuest in September, 1866. The condition of the bond was that as such executrix she would faithfully execute her trust and obey all orders of the surrogate.
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The action was against the defendant Hartman as the surety upon the bond of his co-defendant Wuest, the executrix of the last will of Peter Wuest, given under section 18 of 2 Rev. Stat., 72. Letters testamentary were issued to Mrs. Wuest in September, 1866. The condition of the bond was that as such executrix she would faithfully execute her trust and obey all orders of the surrogate. The bond was dated and executed in January, 1867. In October, 1868, the surrogate made a decree directing the executrix to pay a debt due to the relator Meyer. On default, the surrogate assigned the bond to the…
1Opinion of the Court
By the Court:
Monell, J.
It must be conceded that the order of the surrogate of the 1st of May, 1867, revoking the letters testamentary to Mrs. Wnest, if enough was shown to confer jurisdiction upon that officer to make the order, was a complete exoneration of her surety from liability under the decree of October, 1868. The statute declares (sec. 32, Laws 1862, p. 417) that upon such revocation the authority and rights of the executor shall cease, and the surrogate is given the same power to require such executor .to account as is conferred by the Eevised Statutes, sec. 36, ibid.
It must also be…
2Cases cited3 opinions
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- Dakin v. HudsonNew York Supreme Court · 1826
- People v. BarnesNew York Supreme Court · 1834
3Cited by2 opinions
- Stevens v. StevensNew York Surrogate's Court · 1878
- Westervelt v. WesterveltThe Superior Court of New York City · 1880