Webster v. M. W. Kellogg Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York, New Haven and Hartford Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of June, 1914, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 29th day of December, 1914, denying its motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
Appellant avowedly presents but one question — the jurisdiction of the Surrogate’s Court of the county of Kings to issue letters of administration. The denial of the allegation that the letters were “ duly issued ” raised an issue (Code Civ. Prod. § 532; Ziemer v. Crucible Steel Co., 99 App. Div. 169), and enabled the defendants to make an attack, but only for fraud or for collusion. (Ziemer v. Crucible Steel Co., supra; Hoes v. N. Y., N. H. & H. R. R. Co., 173 N. Y. 435.) The jurisdiction of the Surrogate’s Court was exercised upon the fact that the deceased was “ at the time of…
2Cases cited8 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
- Ziemer v. Crucible Steel Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hislop v. TaaffeAppellate Division of the Supreme Court of the State of New York · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re BennettNew York Surrogate's Court · 1929
- Lederman v. New York City Transit AuthorityNew York Supreme Court · 1962
- In re the Transfer Tax upon the Estate of LyonNew York Surrogate's Court · 1921
- In re the Application for the Appointment of a Committee of the Person & Property of Beechwood, New York County Courts1931
- In re Proving the Last Will & Testament of LowrieNew York Surrogate's Court · 1929
1 more not listed; retrieve them via the Exa API.