Butler v. Emmett
New York Court of Chancery
This was an appeal from a decision of the surrogate of the city and county of New-York. Charles Smyth, of the city of New-York, died intestate in the beginning of the year 1832, leaving a widow and two children, one of which children was an officer in the army stationed at Fort Moultrie in the harbor of Charleston, and the other a resident of New-York.
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This was an appeal from a decision of the surrogate of the city and county of New-York. Charles Smyth, of the city of New-York, died intestate in the beginning of the year 1832, leaving a widow and two children, one of which children was an officer in the army stationed at Fort Moultrie in the harbor of Charleston, and the other a resident of New-York. Administration .on his estate was granted to Ann Smyth, his widow, on the 8th of October, 1832. In January, 1834, she presented a petition to the surrogate of New-York, stating, among other things, the granting of administration to her, and…
1Opinion of the Court
The Chancellor.
As it was expressly denied by Hooker that he was present at the sale, or ever authorized the auctioneers or any other person to bid upon the property for him or in his name, there is no pretence of claim against him. He was therefore very improperly made a party to this appeal. The order of the surrogate dismissing the petition as to him must be affirmed with costs *19In this court to be taxed. And he is to be permitted to enrol the decree of affirmance and to take out an execution here to recover those costs.
The case as to the other respondents, and particularly as regards the…
2Cited by6 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Brick's EstateNew York Surrogate's Court · 1862
- Campbell v. ThatcherNew York Supreme Court · 1866
- Farrington v. KingNew York Surrogate's Court · 1850
- Archer v. MeadowsWisconsin Supreme Court · 1873
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