Legal Opinion

In re the Accounting of Newman

New York Surrogate's Court

Decided November 12, 1942PublishedCited by 3 opinions

1Opinion of the Court

Henderson, S.

This is a proceeding to compel the administrator to render and settle his account.

The petitioner is a resident of Lithuania and brings this proceeding by an attorney in fact.

The respondent contends, first, that the power of attorney is invalid; and second, that the petitioner is without legal capacity to bring this proceeding (citing U. S. Code, tit. 50, Appendix, § 7, subd. [b]) and therefore the petition should be dismissed.

The respondent's first contention is overruled. An examination of the terms of the power of attorney discloses that, in addition to the powers to receive…

2Cases cited3 opinions

  1. Rothbarth v. HerzfeldAppellate Division of the Supreme Court of the State of New York · 1917
  2. Rothbarth v. . HerzfeldNew York Court of Appeals · 1918
  3. Hungarian General Creditbank v. TitusAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by3 opinions

  1. State Ex Rel. Biering v. District CourtMontana Supreme Court · 1943
  2. In re the Estate of WeinmannNew York Surrogate's Court · 1944
  3. In re the Estate of HohmNew York Surrogate's Court · 1945

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