New-York daily tribune., 1856-07-19
Id " LNI,ELLIGE'NCE
sURKOG AYEs COURT-JuLy 1s--Bstore A w. Brad
FORD. Surrogate.

sURKoG AYE's COURT-JuLy ls--Bsfore A w. Brad
Surrogate.
TIE PARISH Will CASE-DEClsI0N BY THE suRRo-
GArE AS TO THE RIGHT TO SUE.
The Hon. A. W Bradffd, Surrogate, yesterday
delivered h eec'lop on e qaeoa% % nrohs Of
the VIII Of late utDry Parish Tho special COLLECTOR as
hgp M wn he pfa sa aw asns the WIDOW S
ee. to1 the recovery stocks ad seoutes stand
TIE petition alleges thar ro Of these e-ses @ere
paeho,e attei MI = wos atnc ied ~'.h n a IN a1 any
er1el her BY Mrs p under alleged power OF
lits rney, Subsequent 10 the same p, rod
These ss aie denied by the sjevt in TO the
tol fet mp tba. The yestme and ta,ie ~rs naoe os
he wish direction 10 that effect OF the decessed and 80
10 i, snd be Lsr property" -. u
Tic Surrogate that 6e vndy Of these gifs will IN
mnch the questops hose under inyessa'ion
him. end the end adverse on the co"i Us.
he claim 70 the sta i1ue bs td II sno.h, t' anner
hat permission should be granted to bring sp he aoat
t tcen tho 90 es soua psced in the hands of che
Coctor pho tho esate end they should not be
"lca. capscitv IT, on he Other haud there bo desire to
) tho claim 10 the property under the Ss he sasfe
"ie appropriate tribunal for et avs It aco Court Of
"Lsw1 No bu al c'D admit he plea i'o@ @sr'y VINO "s
On he part Nrs 1t is Insisted that IT the codicls
o ds l"s sha, # Sey be s"aps suit be
Esh M ss, s .00S wno aSs BE- 's esss S dc
w OUT epertsrns xpressing any views either as 70 the
x, propose TO grant application tho ouad.
anoa others that ouah esrDn tho coieHor tfsn,
ceally in hi contemplated purpose sn1
that Fay, because 1t involves hAng aud exoress
ira Union on the piesen orta oi the conoVefy ana
" its probable results"
Bor SIN fnriher it overlooked that tho collection
of his upou the Spac al Administrator aud not
the officer appointed by tho a~ for that e1-
press ne Day Responsible to all oafeS mter
scd neglect bech duty In e'~ct to suits ha stands
90 be fooDq bll OIhor admin Iato's snd no Is the
dse The poprey Of his Of action subj7e ooly
10 his lisoiy hen the ad israon Ia terminated aud tbs
accounts are settled Doo,e he Surrogate he fail in ute
Instance Of porrs IN beres upln the ourr OF
enny against he may be he sccou tthe
Tor The loss resue bis refusal The uth0y he receives
special letter. Of adm nisrYnoo authorizing tbe
preservation collection the goods ot cecea-ed;
al the statute expressly that he shall heyo
oec, the gocds chafs personal eae anc debts Of ne
deceased tho at such Iosscabc expense
The shall allow ard for those puses he may
mantSil Administrator The Jaw theiefoe, en
Of ls own notion without being compelled in the frat
tlace to eek the permission Of :be Surrogate. II Is
n aDest, tberefors that If had in tho order
direcI the appointment Of Collector restrained him from
without cobseat, he might aced IN
pleasure eptbonLy conf rrd
him by IN permi.tiI him To bring the pro-
ecoSs given but hs 10 sinoy reetJred to
hrs statutory p1u ere but s Honor ressnns5e
2rouurt danypg opportunity hsyog the clam de-
tribunal il The Receiver Is 0jUsed
autfcIt caUsc simply lets Es atute have its course Inc
Of rte by vsY of aft ia adverse 70 The egate and II
presets an pdeptrc legal question entirely beyond tho
The poba.e Judge IL you d. no seys, DC e
gAHGsaSle enc ccTtably without
sgL crecedtLt enon the officer who represonts the
eg te no m supposed Of iLeonyenience to tho
ppry poase .si"u oi tie pTopeity -
therefore De red allowing the Collector
'to frina tho vnldity Of those eifts"