The Miscellaneous Reports Volume 46
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The Miscellaneous Reports Volume 46

The Miscellaneous Reports Volume 46


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...which assignment is disputed, that such assignment is not a bar, but if, as in this case, the party not only admits but stands on the assignment, then the court may act thereon, Bonfarti v. Degnen, 3 Bradf. 429, and upon her statement here the letters issued on Cornelius' estate should be revoked. Secondly, what rights has the executrix of the estate of Thomas Losee? If Thomas was the legitimate son of Cornelius and the half brother of Stephen he would be next of kin, and the accounting of 1898, which ignored him, would be ineffective; as I have stated the proofs satisfy me that he was illegitimate, and hence, was not properly a party to that proceeding. What right did he have as an assignee of the interest of Cornelius Losee in the estate of Stephen Losee? The validity of this assignment is questioned; that being so, the question of its validity is beyond the jurisdiction of the surrogate to try. Matter of Randall, 152 N. Y. 508. Therefore, even if this were an accounting by the administratrix of Cornelius Losee the surrogate would not pass on the rights of Thomas Losee thereunder, but would direct distribution to these respondents. The disinclination to recognize assignments is further evidenced by chapter 692, Laws 1904, which provides such assignments shall have no effect unless recorded. The executrix of Thomas Losee has no rights in this proceeding, therefore, under any aspect in which we might view the case. This decision is somewhat at variance with the views expressed by my learned predecessor, in his opinion, on the motion to open the decree. It is with extreme reluctance that I differ with one who for so many years so capably Misc. Surrogate's Court, Kings County, February, 1905. filled the office of surrogate in this county, but he has quoted no...


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Product Details
  • ISBN-13: 9781153857093
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 274
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 115385709X
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 494 gr


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