Goodrich v. Pendleton
New York Court of Chancery
BILL for an account and payment of moneys received by the defendant for and on behalf of the testator. It appeared, by the bill, that Ph. Miller, the testator, was an inhabitant of the state of Georgia, and died there, and that his widow, Catharine Miller, was one of the executors of his will, and took upon herself, exclusively, the trust, . , , . . , and acted as an executrix; and the claim in the bill was foun¿e¿ Up0n dealings by the defendant with her in that character.
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BILL for an account and payment of moneys received by the defendant for and on behalf of the testator. It appeared, by the bill, that Ph. Miller, the testator, was an inhabitant of the state of Georgia, and died there, and that his widow, Catharine Miller, was one of the executors of his will, and took upon herself, exclusively, the trust, . , , . . , and acted as an executrix; and the claim in the bill was foun¿e¿ Up0n dealings by the defendant with her in that character. She was an inhabitant of Georgia, and died there, and the defendant was an inhabitant of Dutchess county, in this state.…
1Opinion of the Court
The Chancellor.
The point that meets us at the very threshold of this case, and which seemed to be very lightly touched at the hearing, has appeared to me, upon examination, to be insurmountable. I cannot discover that the Surrogate of New-York had authority to grant letters of administration in this case, and the plaintiff, therefore, shows no title to appear in the character he has assumti?. *551lt is Qdt without regret that I have arrived at this conclusion, considering that this cause has been brought to a hearing, at great expense, and discussed fully upon its merits. But though the objection…
2Cited by7 opinions
- Doolittle v. LewisNew York Court of Chancery · 1823
- In re the Probate of a Paper Propounded, as the Last Will & Testament of SchofieldNew York Surrogate's Court · 1911
- Leahy v. HaworthCourt of Appeals for the Eighth Circuit · 1905
- In re Letters of Administration Upon the GoodsNew York Surrogate's Court · 1911
- In re the Contested Will of HockNew York Surrogate's Court · 1911
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