Taylor v. Delancy
Court for the Trial of Impeachments and Correction of Errors
ON appeal from a decree of the judge of probates, on the following facts. John Taylor died intestate, leaving a widow, three sons, William, George and (Jizarles, and three daughters, Ann, the respondent, Phcebe and Mary. The widow having renounced the administration, the two daughters, Phcrbe and Mary, unitt~cT with their husbands in petitioning the surrogate to appoint Ann sole administratrix, she being the eldest child.
Read the full summary
ON appeal from a decree of the judge of probates, on the following facts. John Taylor died intestate, leaving a widow, three sons, William, George and (Jizarles, and three daughters, Ann, the respondent, Phcebe and Mary. The widow having renounced the administration, the two daughters, Phcrbe and Mary, unitt~cT with their husbands in petitioning the surrogate to appoint Ann sole administratrix, she being the eldest child. Against this, William entered a caveat, claiming a right ttx Lv joined with her, which she denied. Whilst the caveat was pending, the four other children presented to the…
1Opinion of the Court
Per curiam, delivered by Spencer, J.
The appellants’ counsel have insisted, 1st. That under the 5th section of the act, “ relative to the court of probates, the office of surrogate, and the granting of administrations,” there is no discretion vested in the surrogate, to select one of the next of kin in equal degree, where they all request administration, and are under no legal disability. 2d. That in this case, if such discretionary power is given by the act, it has been so exercised as to require correction by this court.
The only legislative provisions on the subject, are to be found in the…
2Cited by5 opinions
- Florida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)Court of Appeals for the Eleventh Circuit · 2016
- Hotchkiss v. M'VickarNew York Supreme Court · 1815
- Du Bois v. BrownNew York Surrogate's Court · 1882
- Whitney v. WhitneyNew York Supreme Court · 1892
- In re the Judicial Settlement of the Account of BrownNew York Surrogate's Court · 1883