Milner v. Hoag
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter D. Hoag, as surviving executor and trustee, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of February, 1918, denying his motion for judgment on the pleadings consisting of a complaint and the amended answer thereto.
1Opinion of the Court
Jenks, P. J.:
When the will was filed in this State and the letters ancillary were issued, the recipients thereof became executors here — officers of our State and acting under our laws. (Hopper v. Hopper, 125 N. Y. 403; Smith v. Second Nat. *525Bank, 169 id. 472.) The provisions of the New Jersey law that suspended and canceled the power of the executors and trustees perforce of'the appeal from the decree for probate of the will in that State, should not be regarded as of extraterritorial force; despite such provisions, we should view the defendant in his relation to the realty in this State as…
2Cases cited3 opinions
- Hopper v. . HopperNew York Court of Appeals · 1891
- In re Gaines' WillNew York Supreme Court · 1894
- Norling v. AlleeNew York City Court · 1890
3Cited by2 opinions
- In re the Estate of RoebenNew York Surrogate's Court · 1939
- Kangrga v. BajkicNew York Supreme Court · 1959