The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-04
surragafes Court.
Before 4. W. Bradford, Esq.

beiore y v" brhuforuJ fs1.
Parsons r LynoR SAMUEL parsons did in lsis, oav
ing estate worth $4,000. His children have only
Gently come Of age.
Srrrogaic-Tho tcstaior dcncied in the Stale ri
Connecticut The lime Of BIZ deocsse the will was Prove
ard letters tesim,ntary we're issued there, and 10.
sequeny probate granted and letters issued m
the county OF New York. The Surrogate held thu INC
law Of the sis Of the assets regulates the rrani U al
mirSratit n, and the liability and accounting Of the
cut0r administrator An executor administrator by
virtue Of his appointment state county, derive
10 Authority the goods Of the deceased ia anttcr
county STATE unless he obtain powtrs in the iufs
dctcn whsfe such goods situated. foreign executor
having collected assets Ia this State before letters te
meniary issued and having subsequently quail
Ted, IS bound TO account az executor for iuch
collections to the court by which he ~
pointed. the letters relating back fer that purpose
the time Of the testaors death Though the account Of
foreign executor be settled according % the ir ri
sc yet the distribution Of the estate and the Interpret
ton on the will regulated by the ix doncil.t Where
the tesator, who doiced at the time Of bis dccoasc
tho state Connecticut le assets In the state Of New
York and the executor after collecting the estate IN NcW
pointed, for final accounting, the Court held that his
proceeding would not be postponed after the egaiees had
appeared and claimed final settlement In order 70 enable
the rro-eed Interpretation OF the "a the
place Il demise by Of suit Instituted there sabse
0ucr; 80 the Application Tor na accounting In Nc York
Upon fnal accounting IS The duty Of the sur agate 10
look into the will, interpret Us language aud direct ldr
button according % the tenor and eject OF its pro
visions The decree Of the court at the place
iormity 20 the isr Id, will protect the executor
administrator ~ the place Of domicil lnclOsing
what Is sometimes termed anciliary administration,
the rights ~ creditors, legaees and distributes resident
within the county where granted protected and
enforced, and the resduum will not, generally, Do trans
mticd 10 he representatives abroad until the na
has settled with due regard TO the claims Of parties
intervening for The retention and distribution Of their
shares. Tie estaor, after providing an annuity for his
we able 0ut of bis estate, the residue 10
tors in trust "for the sole and bene Of his children
IN certain shares directed maintenance Of ther re-
Fpcctye portions and payment Of the "sharesn an
iorty. biennial sums with GIT to issue i1 81
issue. ~ their survivors The Surrogate hoh tho
forest in their respective positions tenants IN common;
hat ihe provision in regard 10 mont ami the execu0ry
requests over related only 20 the oygus principal ~
the estate and moi 20 The income, and that The egalccs
we're entitled absolutely 20 the pro0ti Ecomc 81 their
shares from tic time Of DE testat0r's death.
vested estates can DO divided only upOn the Happening
d The precise contingency and N Zoe precise cxeis
hat purpcss specified he win. 1ho pr naTy lfr Il
lciaIgs iu very event upon Which h ROD div1slci
clear ab,U'ia 80 VIII not DO Invested upon reason ~
ucItiy g.It.r IHnioa, a, order t0 o0e-' ~ vary
vested Ii0 rs tst n '--fH tna rot ta1rg.y |tse o...
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