The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-23
susRuGATe's COURT.
The Patulio Esiafe-proccedings Before SUR
rogafe Tucker--ConIict OF Authority.

The Patulio NEUTRALITY-SUSPICIOUS. Before SUR
rogafe Tucker--Coniiict OF Authority.
During the early part OF the present month the
matter Of the estate OF the late David patulio, who
died rate. came up In It's regular order on the
calendar of the surroga;es Court. Previous TO THAI
time the case had been taken into the supreme
Court ON a motion by the Public Administrator for a
peremptory mandamus to issue. directing the sur
rouate to grant letters OF administration on the
estate to the Public Administrator The motion
arxued before Judge Cardozo. at Chambers. The
motion was not decided at the time, ana pending
the decision Of Judge Cardozo, the matter ON the
,urrogae's calendar was postponed untii The January
term o. this court
Yesterday morning the writ Of perenp'ory manda-
mus was issued and served on the surrogate anu NJ
the same time petition received by tue Surro-
gate Helen r. - Mitchell, asking that letters Of
administration be granted her. In regard 10 the
matter surrogate Tucker addressing those present
lam now served with a peremptory mandarnus
FROM the Supreme Court commanding me furilwitn
10 Issue letters OF administrator On the goods chat
tells and credits Of this iatestaic to the pbio al
mlulssratOr. simultaneously with the service OF
this wrIklhc petition OF Helen Y. ;. Mitchell, asking
Tor administration 10 be gianteu 10 nef, mas been
presented and iiied win the surrogate TL.s petit
and Il niece Of the intestate; that tue iDesiae ieit
him surviving two ncphews and this petitioner, MS
uirre as aforesaid. aud also lett descendants OF Two
ofIcr uieccs who are deceased. anc that these
Inc only next OF kin. lhis petitioner also presents
| nnd t,lcs d written Remuneration OF the ttmnisira-
tlop executed by the saId two ncpheWs by their at
tome, IN fact and duly proven ibey are noa-.esi-
dent aliens. however, aud TINS reiunclatiun was
scarcely needed 10 strengthen ntr case ~ y very
apparent therefore, that the surrogate must either
| disregard the supreme Courts VIII ~ nahlaiuOs
\ or disregard the Revised statutes. Inc REVISED
| Statutes (sec. 81, art. 2 titde = chap y, part y ~
ameaded by the act of 1867 session laws cuap. ~.
pare gXf provides as fOiioNs:-" ADMINISTRATOR W
case ol iniesIacy snail be granted 10 the RELATIVES VI
I tne deceased WAC would vc entitled 70 succeed w
hia personal estate n they or any oi iheih
| VII accept The same, in the fouuWing oeucf..-
First, his widow; second, 10 MS cliidich; thf'i;
70 tie father; fourth, TO the mother; n,h, 10 me
broegs: sixth, 70 the sisters: seventh, 10 iie Elau
| cnAdien eighth, W aiiy other neXE 81 KIN. VINO
woud be entitled 10 share Ia the distribution VI We
,sFate. In the city OF New ORR the public Adinmis'
TRAITOR Shall have preference, after the next ol kb
over creditors ana al other sons Now " u uI
| questionable that this niece rs entitled 10 tbe al
ministiation, and that the Public Admnstfatof III
presence Of her application has standing what
/ | ever IN court AIN | precludcd IRON 0oeying tue
law aud granting Letters To her by TINS mandaills
| by which am commanded to grant them 10 the
| Public Administrator In answer 10 thus may ro
| mark that NJ be safely assumed the Supreme
| Court would never have issued its writ--as icas
l would never have made IT. Ecrcmptory--had u
Known what the surrogate Knew'of thls case, which
| was immediately before hin. II certainly would not
have placed itself IN the attitude Of insstlrg upon
| lie bcstowa OF these letters upon tho Public Ad
| minstratOr. had 1t been edvsed that there were
" the family VI the deceased in this
: city intending 70 apply for letters practi
/. | cable. Had II been SO advised do tot GouDs \