Prentiss v. Weatherly
New York Supreme Court
Appeal from special term, New York county. Action by George Lewis Prentiss, as general guardian,, etc., against John S. Weatherly and Ellen Bowden, executors, etc., to recover on an administrator’s bond. From a judgment in favor of plaintiff, entered on a verdict directed by the court, and from an order denying a motion for a new trial made on the minutes, defend- , ants appeal.
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Appeal from special term, New York county. Action by George Lewis Prentiss, as general guardian,, etc., against John S. Weatherly and Ellen Bowden, executors, etc., to recover on an administrator’s bond. From a judgment in favor of plaintiff, entered on a verdict directed by the court, and from an order denying a motion for a new trial made on the minutes, defend- , ants appeal. August 18, 1885, William Carleton died intestate, leaving Marie Carleton, a daughter, aged five years February 4, 1885, Ms sole heir and next of kin. June 8, 1886, letters of administration on his estate were duly…
1Opinion of the CourtFollett, J.
The learned counsel for the defendants insists that the plaintiff cannot maintain this action for three reasons: (1) That it cannot be brought by a general guardian, but should have been by a guardian ad litem; (2) that it should have been brought by a new administrator, appointed in the place of Ward, removed; (3) that leave to bring it has not been granted by the surrogate’s court.;
The answer to the first objection is that section 2607 of the Code of Civil Procedure provides that an action may be maintained on an administrator’s bond by and in the name of the person in whose favor the…
2Cited by5 opinions
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- Van Zandt v. GrantAppellate Division of the Supreme Court of the State of New York · 1901
- Dold v. DoldNew York Supreme Court · 1918