Marston v. Paulding
New York Court of Chancery
This was an appeal from a decretal order of the surrogate of New-York, denying an application of the appellant to compel the respondents, as administrators, to deliver over to him certain property which they had taken possession of, claiming that it belonged to the estate of the decedent.
1Opinion of the Court
The Chancellor.
It is not necessary to examine the question whether the property in controversy in this case was or was not rightfully retained by the respondents as a part of the estate belonging to the decedent. For if it belonged to the appellant, his proper remedy was in a different forum. For the surrogate has no jurisdiction, upon a summary application to him, to compel the administrators to deliver over property to the owner thereof, which property has been taken possession of by them as a part of the estate to be administered by them; although their claim to such property is wholly…
2Cited by8 opinions
- Mobley v. AndrewsSupreme Court of Arkansas · 1891
- In re the Estate of BlowNew York Surrogate's Court · 1890
- Calyer v. CalyerNew York Surrogate's Court · 1880
- Harris v. MeyerNew York Surrogate's Court · 1879
- Case v. SpencerAppellate Division of the Supreme Court of the State of New York · 1903
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