Clark v. Clement
Supreme Court of New Hampshire
Assumpsit, brought by the plaintiff, as administrator of the estate of Moses N. Clark, deceased, to recover three hundred dollars, for money had and received by the defendant to the use of the deceased.
Read the full summary
Assumpsit, brought by the plaintiff, as administrator of the estate of Moses N. Clark, deceased, to recover three hundred dollars, for money had and received by the defendant to the use of the deceased. The specification consisted of two notes, payable to the deceased, or bearer, on demand, with interest; one dated Danvers, September 1,1829, for $53.00; and the other, Brooklyn, Ohio, March 1, 1834, for $63.25. The writ was dated February 9, 1853, and was served the next day on the trustee, and by an attachment of the defendant’s real estate in Claremont, in said county of Sullivan. The…
1Opinion of the CourtEastman, J.
When an individual dies possessed of estate in different governments, it is in general necessary that an administration should be granted in each government where the property is situated. This may not be required where the estate is solvent and the property consists of real estate only, but the rule applies to all other cases that now occur to us.
The principal administration is granted in the State or'government of the domicil of the deceased, and the other administrations are ancillary or auxiliary to the principal one.
An executor or administrator, appointed in the place of the domicil,…
2Cases cited8 opinions
- Doolittle v. LewisNew York Court of Chancery · 1823
- Morrell v. DickeyNew York Court of Chancery · 1814
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Daggett v. TallmanSupreme Court of Connecticut · 1830
- Bailey v. JacksonNew York Supreme Court · 1819
3 more not listed; retrieve them via the Exa API.