Peters v. Carr
New York Surrogate's Court
Petition by Malcolm A Peters, assignee of a judgment recovered against the administratrix of estate of decedent, for leave to issue execution against her. The facts are stated in the opinion.
1Opinion of the Court
The Surrogate.
The counsel for the administratrix urges that the proceedings should be dismissed on the ground that it does not appear that letters of administration were ever issued to Mrs. Carr by the Surrogate of Cattaraugus county. His position is untenable. He appeared generally in the proceedings, and by so doing waived any defects in the petition affecting jurisdiction of the person (Hoag v. Lamont, 16 Abb. N. S., 91-96).
But I do not think an execution should issue in this matter until an account has been filed, or until we have ascertained, with some definiteness and certainty, the…
2Cases cited5 opinions
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Foot v. . StilesNew York Court of Appeals · 1874
- Van Alstyne v. . CookNew York Court of Appeals · 1862
- Davenport v. . KellyNew York Court of Appeals · 1870
- Banks v. PotterNew York Court of Common Pleas · 1861