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Civil Procedure Reports (Volume 31); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York

Civil Procedure Reports (Volume 31); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CIVIL PROCEDURE REPORTS. il. TEMPLE TAYLOR, As Executor Of The Last Will AND TESTAMENT OF ELIZA KENNER, DECEASED, RESPONDENT, r. FREDERICK J. SYME, Appellant, Impleaded, Et Al. New York Court Of Appeals, April Term, 1900. 2695, 2698, 2700, 2704. Ancillary letters testamentary?Construction section 2695, code civil procedure?Disability of foreign executor to sue. Ancillary letters testamentary issued in New York, ostensibly under section 2695 of the Code of Civil Procedure, upon the record of the probate of a will of personal property in Louisiana, the testatrix having resided at the time of the execution of the will and having had her domicile at the time of her death in Alabama, in which latter State the will was executed, Held void. The fact that the petition upon which the application for the ancillary letters incorrectly stated that the will was executed in the State of Louisiana, where it was probated, was ineffectual to confer jurisdiction upon the New York Surrogate, the transcript of the record upon the application for the ancillary letters in New York, showing that the will was executed in Alabama. The person to whom the original letters testamentary were issued in Louisiana and to whom ancillary letters were attempted to be issued in New York, has not capacity to sue in the courts of New York, the rule being that a foreign executor or administrator cannot sue as such in this State, and, moreover, the form of the administration in Louisiana, of the estates of non-residents not purM. Temple Taylor v. Frederick J. Syme. porting to be universal but to cover only the administration in that State, in like manner as the ancillary administration sought in, Nw York. (Decided April 17, 1900.) Appeal from a judgment of the Appellate Division, First D...


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Product Details
  • ISBN-13: 9781459059221
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 142
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1459059220
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 268 gr


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Civil Procedure Reports (Volume 31); Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York
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