Legal Opinion

In re McCabe

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 12 opinions

■ Appeal by the petitioner, Laurence McCabe, as administrator of the estate of James A. McCabe, deceased, from an order of the Surrogate-s Court of Broome county, entered in said Surrogate’s Court on the 21st.day of October, 1902, denying the petitioner’s application to revoke letters of administration theretofore issued to John McCabe upon the estate of James A. McCabe, deceased, with notice •of an intention to bring up for review upon such appeal an intermediate order…

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■ Appeal by the petitioner, Laurence McCabe, as administrator of the estate of James A. McCabe, deceased, from an order of the Surrogate-s Court of Broome county, entered in said Surrogate’s Court on the 21st.day of October, 1902, denying the petitioner’s application to revoke letters of administration theretofore issued to John McCabe upon the estate of James A. McCabe, deceased, with notice •of an intention to bring up for review upon such appeal an intermediate order entered in said court on the 20th day of August, 1901, which directed the .issuance of such letters.of administration.…

1Opinion of the Court

.Chase, J.:

- The jurisdiction of the Surrogate’s Court of Broome county, if any, to issue said letters of. administration- to John McCabe is dez-ived from section 2476 of the Code of Civil Procedure, the -material part of which is as follows; “ The Surrogate’s Court of -each county has jurisdiction * * * to grant letters of administration * * * in either of the following cases ; * . * *

“ 3. Where the decedent, not being a resident of the State, died without the State, leaving personal property within that ■county, and no other; or leaving personal property which has, since his death, come…

2Cases cited4 opinions

  1. Matter of Accounting of HughesNew York Court of Appeals · 1884
  2. Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
  3. Maas v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
  4. Sedgwick v. AshburnerNew York Surrogate's Court · 1849

3Cited by12 opinions

  1. Kirkbride v. Van NoteNew York Court of Appeals · 1937
  2. In Re the Estate of D'AdamoNew York Court of Appeals · 1914
  3. Newton v. JayAppellate Division of the Supreme Court of the State of New York · 1905
  4. In re the Estate of De CamillisNew York Surrogate's Court · 1971
  5. In re the Estate of Van BokkelenNew York Surrogate's Court · 1935

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