Spratt v. Syms
Appellate Division of the Supreme Court of the State of New York
Appeal by George N. Syms and others. 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 15th day of J uly, 1904, reviving and continuing the above-entitled action against George N. Syms, as the representative and successor in interest of the above-named defendant, John G. Syms, deceased.
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Appeal by George N. Syms and others. 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 15th day of J uly, 1904, reviving and continuing the above-entitled action against George N. Syms, as the representative and successor in interest of the above-named defendant, John G. Syms, deceased. The plaintiff sued to recover for labor and services and money expended for and at the request of John G. Syms who died while the action thus brought against him was pending. In his will he named executors including…
1Opinion of the Court
O’Brien, J.:
The question presented on this appeal is as to the power of the surrogate to grant letters of administration with the will annexed to George N Syms. ' '
The singular and anomalous feature on this appeal is the attitude ' of the appellant who, having obtained his appointment by the sur/ rogate, now assails in. this court as he did at the, Special Term the right- and authority of the surrogate to appoint him. ,
We need. not inquire into the object, or the motive for the attitude thus taken which is not far to seek, but-candor requires us to say that wé could not be favorably impressed…
2Cases cited1 opinion
- Russell v. . HarttNew York Court of Appeals · 1881
3Cited by2 opinions
- In re Proving the Last Will & Testament & Codicil Thereto of KellyNew York Surrogate's Court · 1929
- In re Proving the Last Will & Testament of HortonAppellate Division of the Supreme Court of the State of New York · 1914