Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] Volume 11

Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] Volume 11

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 edition. Excerpt: ...of the notes, with the interest thereof, and accordingly made a decree directing him to pay to the respondents their several distributive shares, and ordered him to pay the costs of the proceeding. The administrator appealed to the chancellor, who aflirmed the decree of the surrogate, except as to the costs. Whereupon the administrator appealed to this court. The cause was argued here by K. Jlliller, for the appellant. B. F. Butler, for the respondents.-death. The following opinions were delivered: By Mr. Justice NELSoN. An executor or administrator represents the person of the testator or intestate in respect to his personal estate, the whole of which vests in the one on the death of the testator, and in the other on the grant of letters of administration, which relate back to the time of the decease of the intestate. Valentine v. Jackson, 8 Wendell, 302. The interest thus vested in such personal representative is for the benefit of the estate; to discover and collect the effects; preserve them from waste; pay the debts in their legal order; and to distribute the surplus, if any, according to the will of the testator, or the law of distribution, as the case may be. To this end he is invested with every power and remedy which belonged to the deceased while living, within the jurisdiction of the state in which the letters testamentary or of administration were granted. Beyond this, such letters can of course communicate no binding authority, unless by the comity or law of the foreign tribunal or state. This is the general rule in England and in this country. 3 Mass. R. 514. 1 John. Ch. R. 153. 9 Wheat. R. 565. The local law of some of the states permitted suits to be brought in their courts by a person whose authority to sue was derived...show more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236861825
  • 9781236861825