McMahon v. . Harrison
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a decree of the surrogate of the county of New York, granting letters of administration upon the estate of Ruth S. Rathbone, deceased, with the will annexed, to Samuel C. Harrison, a son of the testatrix, had been reversed.
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Appeal from the general term of the Supreme Court, in the first district, where a decree of the surrogate of the county of New York, granting letters of administration upon the estate of Ruth S. Rathbone, deceased, with the will annexed, to Samuel C. Harrison, a son of the testatrix, had been reversed. (Reported below, 10 Barb. 659; and before the surrogate, 1 Bradf. 283.) Samuel C. Harrison, a son of Ruth S. Rathbone, deceased, applied to the surrogate of the county of New York, for letters of administration upon her estate, with the will annexed. The application was opposed by Dennis…
1Opinion of the Court
* Johnson, J.
— This case depends upon the r ^ . construction of the statute. (2 R. S. 75, § 32.) *- It reads as follows: “No letters of administration shall be granted to a person convicted of an infamous crime; nor to any one incapable by law of making a contract; nor to a person who is not a citizen of the United States (unless such person resides within this state); nor to any one who is under twenty-one years of age; nor to any person who shall be judged incompetent, by the surrogate, to execute the duties of such trust, by reason of drunkenness, improvidence, or want of understanding;…
2Cases cited2 opinions
- Emerson v. . BowersNew York Court of Appeals · 1856
- Coope v. LowerreNew York Court of Chancery · 1845
3Cited by12 opinions
- State ex rel. Coffey v. ChittendenWisconsin Supreme Court · 1902
- Sowles v. CarrSupreme Court of Vermont · 1897
- State v. O'TooleSupreme Judicial Court of Maine · 1919
- Marston v. DingleySupreme Judicial Court of Maine · 1896
- Root v. DavisMontana Supreme Court · 1890
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