Shumway v. Cooper
New York Supreme Court
. Appeal from the decree of the surrogate of Onondaga county, pmissing the petition of Shumway and wife, that the respond-pit, Cooper, should account as administrator of his wife, Eliza /Jane Cooper. The deceased was the daughter of Mrs. Shumway, one of the petitioners, by a former husband, and died under the age of 21 years.
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. Appeal from the decree of the surrogate of Onondaga county, pmissing the petition of Shumway and wife, that the respond-pit, Cooper, should account as administrator of his wife, Eliza /Jane Cooper. The deceased was the daughter of Mrs. Shumway, one of the petitioners, by a former husband, and died under the age of 21 years. The petition stated that she (the intestate) inherited certain real estate from her father, which was before her death sold under an order of the court of chancery of this state, and the purchase money, received to her or for her, by bonds and mortgages, under and by the…
1Opinion of the Court
By the Court, W. F. Allen, J.
The moneys sought to be reached by the petitioners by calling- the defendant to account as administrator, before the surrogate, were the proceeds of certain real estate which came to the deceased wife of the respond*558ent, by devise from her father, and which Tjere sold by order of the court of chancery, under the act authorizing the sale of infants’ estates. (2 R. S. 4th ed. 359.) A copy of the will of the father is made a part of the case, and from that it would seem that the sale was not authorized by law, as it was against the provisions of the will. (2 R. S.…
2Cases cited1 opinion
- Foreman v. ForemanNew York Supreme Court · 1849
3Cited by26 opinions
- Ransom v. . NicholsNew York Court of Appeals · 1860
- Billings v. BakerNew York Supreme Court · 1858
- In re the Estate of EngelNew York Surrogate's Court · 1931
- Valentine v. WetherillNew York Supreme Court · 1860
- Mobley v. AndrewsSupreme Court of Arkansas · 1891
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