Lathrop v. Smith
New York Supreme Court
THIS is an appeal from an order of the surrogate of Oswego, appointing the respondent administrator of B. T. Lathrop, deceased. The decedent died intestate, never having heen married, leaving him surviving his father and several brothers.
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THIS is an appeal from an order of the surrogate of Oswego, appointing the respondent administrator of B. T. Lathrop, deceased. The decedent died intestate, never having heen married, leaving him surviving his father and several brothers. The father renounced the administration, and the defendant) a creditor and brother-in-law of the deceased, was appointed administrator without notice to the brothers, and the appellant, one of the brothers, appealed from the order making the appointment.
1Opinion of the Court
By the Court, Allen, J.
Before the statute of Westm. 2, ch. 19, the ordinary had the absolute disposal of intestates’ estates. By that statute they were subjected to an action at the suit of creditors. This induced the practice of placing the administration in other hands, taking an indemnity. Subsequently, by statute 31 Edw. 3d, c. 11, the ordinaries were required to depute the next and most lawful- friend of the deceased person intestate to administer his goods, which deputies should have an action to recover the goods, &c. of the intestate; to administer and dispend for the soul of the…
2Cases cited2 opinions
- Coope v. LowerreNew York Court of Chancery · 1845
- Public Administrator v. PetersNew York Surrogate's Court · 1849
3Cited by5 opinions
- In Re the Estate of D'AdamoNew York Court of Appeals · 1914
- In re the Estate of FiumaraNew York Surrogate's Court · 1925
- In re the Application for Letters of Administration on the Goods, Chattels & Credits of McGuireNew York Surrogate's Court · 1921
- Butler v. PerrottNew York Surrogate's Court · 1882
- In re PurdyNew York Surrogate's Court · 1890