Hayward v. Peace
New York Surrogate's Court
Application" by James K. Place, decedent’s husband, for letters of administration with her will annexed ; opposed by Emeline P. Hayward, her daughter. The facts are stated in the opinion.
1Opinion of the Court
The Surrogate.
Of the three persons named by this testatrix as her executors, but two have ever taken letters testamentary, and the letters of those two have been revoked. The estate is now, therefore, without a legal representative. The husband of the testatrix, who is a beneficiary under her will, applies for letters of administration with the will .annexed. He alleges, in his petition, that the only unadministered asset known to him is a chose in action, touching which there is now pending, in the Superior court of the city of New York, a suit at law, wherein the late executor is plaintiff…
2Cases cited5 opinions
- Emerson v. . BowersNew York Court of Appeals · 1856
- Coope v. LowerreNew York Court of Chancery · 1845
- Churchill v. PrescottNew York Surrogate's Court · 1853
- McGregor v. McGregorNew York Court of Appeals · 1864
- Bradley v. BradleyNew York Surrogate's Court · 1878