Lewis v. Watson
New York Surrogate's Court
John W. Lewis, one of the sureties of Margaret K. Watson, administratrix, petitioned to be released as such surety. The petition or application bears date January 18th, 1876. Two defaults had been taken and the orders entered under the statute for such release, and on motion opened, and now the administratrix appears, and opposes the motion on the ground that said surety has received moneys belonging to the administratrix which he has failed to pay over; that Edward J.…
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John W. Lewis, one of the sureties of Margaret K. Watson, administratrix, petitioned to be released as such surety. The petition or application bears date January 18th, 1876. Two defaults had been taken and the orders entered under the statute for such release, and on motion opened, and now the administratrix appears, and opposes the motion on the ground that said surety has received moneys belonging to the administratrix which he has failed to pay over; that Edward J. Lewis, said surety’s son, and tenant of a certain bonded warehouse, had obtained moneys of the administratrix amounting to…
1Opinion of the Court
The Surrogate.
—By section 29 of 4 Statutes at Large 492, (L. 1862,ch. 229) when either. or all of the sureties of any executor or administrator shall desire to be released from responsibility, on account of the future acts or defaults of such executor or administrator, they may make application to the surrogate who granted the letters, for relief, and the 30th section provides that thereupon the surrogate shall issue a citation to such executor or administrator requiring him to appear and give new sureties in the usual form. Section 31 provides that if such new sureties be given, the…
2Cited by1 opinion
- Shook v. GoddardNew York Surrogate's Court · 1882