Nexsen v. Ira Haupt & Co.

Defendant, Ira Haupt II, as sole surviving executor of the last will and testament of Ira Haupt, moves to dismiss the complaint on the ground that New York has no jurisdicition over this defendant and on the further ground that plaintiff cannot sue the executor because, prior to the commencement of this action, he failed to comply with the laws of the State of New Jersey.

Defendant is a foreign executor appointed by the Surrogate of Monmouth County, New Jersey, After Ira Haupt’s *630death, June 13, 1963, his executors, on July 2, 1963 procured an order from the Surrogate directing creditors to…