Legal Opinion

Dakin v. Demming

New York Court of Chancery

Decided April 19, 1836PublishedCited by 29 opinions

This was an appeal from a decree of the surrogate of the county of Oneida. The appellants were the executors of Jedediah Sanger, deceased, who was the surviving executor of David Demming, who died in 1809. Demming, by his will, bequeathed to his adopted daughter, Joanna Demming, and to her two children, certain- personal property particularly specified in his will, and made them his residuary legatees of the personal property not otherwise disposed of by the will; and he…

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This was an appeal from a decree of the surrogate of the county of Oneida. The appellants were the executors of Jedediah Sanger, deceased, who was the surviving executor of David Demming, who died in 1809. Demming, by his will, bequeathed to his adopted daughter, Joanna Demming, and to her two children, certain- personal property particularly specified in his will, and made them his residuary legatees of the personal property not otherwise disposed of by the will; and he also bequeathed to his executors all his notes of hand, except those due from his brother, to be held by the executors in…

1Opinion of the Court

The Chancellor.

There is not the least reason for supposing that any of the effects of Demming’s estate ever came into the hands of the appellants as the executors of Sanger, who was the surviving executor of Demming. The surrogate, therefore, had no jurisdiction or authority to cite them to account before him as the representatives of the estate of Demming; although Sanger, who was the surviving executor, died before the revised statutes had deprived the executor of an executor of .the right to administer upon or control the estate of the first testator. But *98the surrogate has an…

2Cited by29 opinions

  1. Arnold v. AldenIllinois Supreme Court · 1898
  2. Thomas v. BennettNew York Supreme Court · 1868
  3. Gerould v. . WilsonNew York Court of Appeals · 1880
  4. In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
  5. In re the Judicial Settlement of the Account of PotterNew York Surrogate's Court · 1919

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