Thorburn v. Gates
Appellate Division of the Supreme Court of the State of New York
Appeal by .the plaintiff, Robert Henry Thorburn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of June, 1919, which in part and on certain terms and conditions granted plaintiff’s motion for an order directing that the action be revived and continued against the First National Bank of Port Arthur, Tex., as administrator, etc., and that said bank be substituted as…
Read the full summary
Appeal by .the plaintiff, Robert Henry Thorburn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of June, 1919, which in part and on certain terms and conditions granted plaintiff’s motion for an order directing that the action be revived and continued against the First National Bank of Port Arthur, Tex., as administrator, etc., and that said bank be substituted as defendant in the place and stead of Dellora R. Gates, deceased, and that the title of the action be amended accordingly, without…
1Opinion of the Court
Page, J.:
The action was by a resident creditor to have administered the real and personal property of the testator’s estate situated within this State, and to have the same applied in satisfaction of his debt. The court had jurisdiction of the subject-matter of the action and of the person of the foreign executrix. (Thorburn v. Gates, 184 App. Div. 443. Cf. Helme v. Buckelew, 191 id. 59.) Upon the death of the foreign executrix, her interest in the estate passed to the administrator with the will annexed when appointed. The cause of action survived; therefore, the action did not abate. (Code…
2Cases cited3 opinions
- Thorburn v. GatesAppellate Division of the Supreme Court of the State of New York · 1918
- Carolan v. O'DonnellAppellate Division of the Supreme Court of the State of New York · 1910
- Douglass v. ShermanNew York Court of Chancery · 1831
3Cited by2 opinions
- GMAC Mortgage Corp. v. TuckAppellate Division of the Supreme Court of the State of New York · 2002
- Lord v. ShermanAppellate Division of the Supreme Court of the State of New York · 1963