In Re the Application for Ancillary Letters of Administration Upon the Goods, Chattels & Credits of Prout
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court in the second judicial department, made December 18, 1890, which affirmed an order of the surrogate of Kings county denying the petitioner’s application. The nature of the proceedings and the facts, so far as material, are stated in the opinion. On granting ancillary letters of administration, the surrogate cannot require a bond exceeding twice the amount which appears to be due creditors in this state. (Code Civ.
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Appeal from order of the General Term of the Supreme 'Court in the second judicial department, made December 18, 1890, which affirmed an order of the surrogate of Kings county denying the petitioner’s application. The nature of the proceedings and the facts, so far as material, are stated in the opinion. On granting ancillary letters of administration, the surrogate cannot require a bond exceeding twice the amount which appears to be due creditors in this state. (Code Civ. Pro. §§ 2667, 2698, 2699; In re Musgrave, 5 Dem. 429; Moyer v. Weil, 1 id. 71; Evans v. Schoonmaker, 2 id. 249; In re…
1Opinion of the CourtAndrews, J.
The question turns upon the power of the surrogate to require an administrator’s bond in double of the value of the personal estate, in this state, of James D. Prout, who at the time of his death was a resident of New Jersey, as a condition to the grant of ancillary administration. The personal .estate of the decedent at the time of his death, consisted of personal effects of the value of about $2,500, in Mew Jersey, and of stocks and securities of about the value of $10,000, deposited with a safe deposit company in the city of Brooklyn. On the 1st day of August, 1889, letters of…
2Cases cited1 opinion
- Parsons v. . LymanNew York Court of Appeals · 1859
3Cited by4 opinions
- Maas v. . German Savings BankNew York Court of Appeals · 1903
- Maas v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
- Steele v. Connecticut General Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of WhitneyAppellate Division of the Supreme Court of the State of New York · 2008