Caujolle v. Ferrie
U.S. Circuit Court for the District of Southern New York
In equity. The bill in this case was filed by the plaintiffs [Benoit Julien Caujolle and others], who claimed to be the next of kin of Jeanne Du Lux, deceased, against her administrators [John P. Ferrié and Cyrus Curtiss], for distribution of her estate. The defendants pleaded, in bar of the suit, the adjudication of the surrogate's court of the city and county of New York, determining that Ferrié, one of the defendants, was the next of kin of the deceased.
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In equity. The bill in this case was filed by the plaintiffs [Benoit Julien Caujolle and others], who claimed to be the next of kin of Jeanne Du Lux, deceased, against her administrators [John P. Ferrié and Cyrus Curtiss], for distribution of her estate. The defendants pleaded, in bar of the suit, the adjudication of the surrogate's court of the city and county of New York, determining that Ferrié, one of the defendants, was the next of kin of the deceased. The adjudication was made on a contest between Ferrié and the plaintiffs, as to the grant of letters of administration. [The estate is…
1Opinion of the Court
NELSON, Circuit Justice.
No cases have been referred to, nor am I aware of any in this state, or, indeed, in any of our sister states, adjudging the point in question. Different opinions seem to be entertained, by eminent judges in England, as to the conclusiveness of the decision of the ecclesiastical court, on a question of administration, upon a court of equity, in a suit for distribution, as may be seen from the case of Barrs v. Jackson, decided by Vice Chancellor Knight Bruce, in 1842 (1 Younge & C. Ch. 585), and the same case on appeal (1 Phil. Ch. 582). The opinion of Lord Lyndhurst on…
2Cited by1 opinion
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