Cuthbert v. Rodger

On December 1, 1925, John Cuthbert died intestate and without issue. The plaintiff is the only son of David Cuthbert, also deceased. It is claimed by plaintiff that John and David were brothers and that they were the children of William and Margaret Cuthbert. On January 4, 1926, in the Surrogate’s Court of St. Lawrence county, the defendant, without notice to plaintiff, procured his appointment as administrator of the estate of the deceased. He marshalled the assets thereof and distributed the proceeds, ignoring the claims of plaintiff. Subsequently and without the issuance of any process to…