In the Matter of Beckwith
New York Court of Appeals
Motion to revive proceedings, and to substitute the administrators of the estate of Richard Beckwith, deceased, in the place and stead of said Richard Beckwith, and of William W. Beckwith, the committee of the person and estate of said lunatic, both having died. The facts are sufficiently set forth in the opinion. Appellant is entitled to the order of revivor.. (Code, §§ 1297, 1299.) The revivor should be had against the lunatic’s personal representatives.
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Motion to revive proceedings, and to substitute the administrators of the estate of Richard Beckwith, deceased, in the place and stead of said Richard Beckwith, and of William W. Beckwith, the committee of the person and estate of said lunatic, both having died. The facts are sufficiently set forth in the opinion. Appellant is entitled to the order of revivor.. (Code, §§ 1297, 1299.) The revivor should be had against the lunatic’s personal representatives. (Ferrin v. Myrick, 53 Barb. 90; Orcutt v. Orms, 3 Paige, 459; Ford v. Manice, 6 Cow. 71; Osterhout v. Hardenburg, 19 Johns. 266.) No…
1Opinion of the Court
Danforth, J.,
Richard Beckwith, upon inquisition, was found
to be a lunatic, and on the 29th of June, 1855, the Supreme Court assumed jurisdiction over his person and estate by the appointment of William W. Beckwith, as committee.
In 1871, on the employment of the lunatic, C., an attorney, sought to supersede the commission, and after a hearing the application was denied.
He then applied to the court for his charges and disbursements in the matter, and a referee was appointed to investigate them; upon his report a portion of the claim was allowed by the Special Term, and an order made requiring…
2Cases cited5 opinions
- In re TracyNew York Court of Chancery · 1829
- In re ClappNew York Supreme Court · 1861
- Wilson v. . PalmerNew York Court of Appeals · 1878
- Carter v. . BeckwithNew York Court of Appeals · 1880
- In re FolgerNew York Court of Chancery · 1819
3Cited by8 opinions
- In re the Estate of KeelingNew York Surrogate's Court · 1933
- In re GroutNew York Supreme Court · 1894
- In re FlemingAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Appointment of a Committee of the Person & Property of ThomasNew York Court of Appeals · 1967
- Butler v. JarvisNew York Supreme Court · 1889
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