Legal Opinion

Coope v. Lowerre

New York Court of Chancery

Decided August 25, 1845PublishedCited by 30 opinions

This was ah appeal from a decision of the' surrogate of the city and county of New-York, appointing the respondent administrator of' the estate of his deceased father. The intestate left three children surviving him, one daughter, the" wife of the appellant, and two sons; the respondent, and a younger son who was admitted to he incompetent. The appellant applied for letters of administration, on the estate, in rightof his wife.

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This was ah appeal from a decision of the' surrogate of the city and county of New-York, appointing the respondent administrator of' the estate of his deceased father. The intestate left three children surviving him, one daughter, the" wife of the appellant, and two sons; the respondent, and a younger son who was admitted to he incompetent. The appellant applied for letters of administration, on the estate, in rightof his wife. And upon the return of the citation, directed to the two son's, the respondent appeared and claimed the administration for" himself as being entitled to a preference…

1Opinion of the Court

The Chancellor.

The revised statutes provide' that administration, in case of intestacy, shall be granted- to the relatives of the deceased who would be entitled to his personal estate, if they or any of them will accept the same, in the order specified in the statute. And I - think the surrogate has no discretion to exclude a person,' declared by the statute to be entitled td a preference, except for' the causes specified in the thirty-second section of the title of the revised statutes relative to granting letters testamentary and of administration. (2 R. S. 75.) That section provides that…

2Cited by30 opinions

  1. In re BauquierCalifornia Supreme Court · 1891
  2. Kidd v. BatesSupreme Court of Alabama · 1897
  3. In re Awarding Letters of Administration upon the Estate of CampbellAppellate Division of the Supreme Court of the State of New York · 1908
  4. McMahon v. . HarrisonNew York Court of Appeals · 1852
  5. Connors v. SecordCalifornia Supreme Court · 1895

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