Smith v. Blood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah L. Smith, from a judgment of the Supreme Court in favor of the defendants William II. Marshall and others, entered in the office of the clerk of the county of Montgomery on the 30th day of January, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the Montgomery Trial Term, and also from an order entered hi said clerk’s office on the 24th day of January, 1905, denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, Sarah L. Smith, from a judgment of the Supreme Court in favor of the defendants William II. Marshall and others, entered in the office of the clerk of the county of Montgomery on the 30th day of January, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the Montgomery Trial Term, and also from an order entered hi said clerk’s office on the 24th day of January, 1905, denying the plaintiff’s motion for a new trial made upon the minutes. William II. Blood received a pension granted to him by the United States for military services. In…
1Opinion of the Court
Chase, J.:
Over one year after the death of William H. Blood, the defendant James E. Marshall, being a creditor of the deceased, presented to the Surrogate’s Court a petition in the form prescribed by statute, asking that letters of administration .be granted to him, and that a citation issue to all persons having a right to administration prior or equal to that of the petitioner.
A petition was issued accordingly and duly served upon the widow and children of said deceased. On the. return day of said citation there was filed in the Surrogate’s Court by a competent and responsible person a…
2Cases cited9 opinions
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Bolton v. . SchrieverNew York Court of Appeals · 1892
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
- Taylor v. SymeAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by5 opinions
- In Re BonzeyUnited States Bankruptcy Court, D. Rhode Island · 1993
- In re the Estate of DistefanoNew York Surrogate's Court · 1938
- In re the Estate of StevensAppellate Division of the Supreme Court of the State of New York · 1941
- Surplus v. Remmele, New York County Courts1949
- Surace v. DannaNew York Court of Appeals · 1928