Lecouturier v. Ickelheimer
District Court, S.D. New York
In Equity. Suit by Henri Eecouturier, as administrator of the estate of Charles Rubens (also known as Samuel Woog), deceased, against Henry R. Ickelheimer, individually and as executor of the alleged will of Charles Rubens (also known as Samuel Woog), deceased, and others. On motion to dismiss.
1Opinion of the Court
WARD, Circuit Judge.
[1] I have no doubt of the jurisdiction of the court to entertain this bill. Payne v. Hook, 7 Wall. 425, 19 L. Ed. 260; Waterman v. Bank, 215 U. S. 33, 30 Sup. Ct. 10, 54 L. Ed. 80; Hayes v. Pratt, 147 U. S. 557, 13 Sup. Ct. 503, 37 L. Ed. 279; Supreme Court rule in-equity 39 (29 Sup. Ct. xxix).
[2] The French letters of administration are not authenticated in accordance with the requirements of section 45 of the Decedent’s Estate Law (Consol. Laws N. Y. 1909, c. 13), so as to qualify the complainant to sue under section 1836a, Code of Civil Procedure; but this is a ground…
2Cases cited7 opinions
- Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
- Payne v. HookSupreme Court of the United States · 1869
- Matter of Accounting of HughesNew York Court of Appeals · 1884
- Hayes v. PrattSupreme Court of the United States · 1893
- Cooper v. BeersIllinois Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fidelity & Casualty Co. of New York v. WilsonDistrict Court, E.D. South Carolina · 1952