Legal Opinion

In Re the Estate of D'Adamo

New York Court of Appeals

Decided July 14, 1914PublishedCited by 43 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 12,1913, which affirmed an order of the Jefferson County Surrogate’s Court denying a petition for the revocation of letters of administration. The facts, so far as material, are stated in the opinion. By the provisions of New York law the petitioners D’Adamo and Fred W. Mayhew are entitled to letters of administration. (Code Civ.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 12,1913, which affirmed an order of the Jefferson County Surrogate’s Court denying a petition for the revocation of letters of administration. The facts, so far as material, are stated in the opinion. By the provisions of New York law the petitioners D’Adamo and Fred W. Mayhew are entitled to letters of administration. (Code Civ. Pro. §§ 2660, 2661; Lathrop v. Smith, 24 N. Y. 417; Matter of Wilson, 92 Hun, 321; Matter of Lowenstein’s Estate, 62 N. Y. Supp. 819; Butler v.…

1Opinion of the CourtCardozo, J.

Carmine D’Adamo, a citizen and subject of the kingdom of Italy, died in this state in December, 1912. His residence was in the town of Le Eay in the county of Jefferson. He left a wife, a child, a father and a mother, who- resided in Italy. He left a brother, Giovanni, a resident of New York.' Letters of administration upon his estate were granted by the surrogate to the Italian consul. Thereafter Giovanni D’Adamo and one Fred W. Mayhew, the treasurer of Jefferson county, joined in a petition that the letters granted to the Italian consul be revoked, and that the petitioners be appointed…

2Cases cited26 opinions

  1. Rocca v. ThompsonSupreme Court of the United States · 1912
  2. The Bello Corrunes. The Spanish ConsulSupreme Court of the United States · 1821
  3. Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
  4. Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
  5. Rocca v. ThompsonCalifornia Supreme Court · 1910

21 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Santovincenzo v. EganSupreme Court of the United States · 1931
  2. In re the Accounting of GreenNew York Court of Appeals · 1953
  3. Schneider v. HawkinsCourt of Appeals of Maryland · 1940
  4. Hamilton v. . Erie R.R. Co.New York Court of Appeals · 1916
  5. In re the Estate of KassamNew York Surrogate's Court · 1931

38 more not listed; retrieve them via the Exa API.

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