Camp v. Fraser
New York Surrogate's Court
Order, granted at the instance of Hugh N. Camp, temporary administrator of decedent’s estate, requiring Edwin and Charles Fraser, sons and surviving partners of decedent, to show cause why they should not be punished for a contempt in resisting and preventing the appraisement of the personal property belonging to that estate.
1Opinion of the Court
The Surrogate.
Under the circumstances disclosed in the papers before me, these respondents should not, I think, be regarded as in contempt for refusing to allow the appraisers to enter the premises which they and the decedent, in his lifetime, appear to have owned as tenants in common, and wherein they, in conjunction with the decedent, formerly carried on business as partners.
The stay of proceedings granted by Mr. Justice Donohue would have been a justification for such refusal while that stay was in force; and although it had been vacated at the time the alleged contempt was committed, it…
2Cases cited2 opinions
- Isham v. GibbonsNew York Surrogate's Court · 1849
- Waring v. WaringNew York Surrogate's Court · 1853