In re the Judicial Settlement of Account of Davenport
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of Sew York from an order of the Surrogate’s..Court of Kings county, entered in said Surrogate’s Court on the 24th day of December, 1909, denying a motion to vacate an order appointing a referee and an order confirming his report and a final decree entered on the 16th day of July, 1906.
1Opinion of the CourtThomas, J.
Upon his petition it was in 1903 ordered that letters of administration issue to the public administrator of the county of Kings, and it was done. The petition shows that the decedent, leaving assets in the county of Kings, did not leave widow, descendant, or next of kin residing in this State. Such facts, if true, entitled the petitioner to letters. (Code Civ. Proc. § 2669.) The Attorney-General was not notified of this application, or of an order appointing a referee to take proof .of the rights and interests of persons claiming the estate, the report of the referee, or tiie final decree,…
2Cited by2 opinions
- In re the Accounting of KellyNew York Surrogate's Court · 1947
- In re the Estate of HarrisNew York Surrogate's Court · 1960