New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-10-17
THE COURTS.
EXECUTORS IN DIFFERENT STATES.


| Interesting questions arising under viii
where different sets Of appointed 10 aet
in regard to property situated in different States have
just been disposed Of by the Court Of Appeals IN thu
suit of Charles A. W. Sherman, trustee, etc. against
Henry n Page. executor ETC. The out OF ths
] will of Mrs. Sarah c. Little, who died in Wyoming
County, in this State leaving large fortune the most
| of which was in Michigan, where she had formerly
lived BY her viii she appointed Mr. Page her executor
for carrying out the provisions OF the viii far "a
they relate to persons and property In this State and
Messrs Grant and Jerome for everything so
far they relate parties and property in the State Of
Michigan and elsewhere" The will directed the New.
York legacies to be first paid.
In January, 1873, the will admitted to probate by
the Surrogate of Wyoming County, and letters tesla
mentary were issued to Page. On an unexempned
copy Of the will and the probate from this
State, the viii was admitted TO probate in
Michigan and letters testamentary were issued
to Grant and jerome. The executors all accepted their
appointments and each took possession of the assets
respectively assigned them Page paid Off all the debts
and expenses in this State, and the NewYork legaces
far the money in his hands would go, but several
thousand dollars of the preferred egacies unpaid
lack of The Michigan executors declined to
surrender to Page any part of the funds in their hands
with which to enable him to pay them In his account
rendered the Surrogate Of Wyoming County Page
counted for all the funds that had into his hands
Inc Now 1OTh lcghJtcb MHO Htu uOL icCcNcu
cies opposed the settlement Of the account upon the
ground that Page either personally responsible for
the amount of their legacies that he shOnd bring suit
against the Michigan executors to recover such amount
1t admitted that the assets in Michigan more
than sufficient pay all the debts and expenses III that
State and the New-York legaces.
The Surrogate allowed the account and made decree
discharging the executor from further liability. On ap
peal the Supreme Court at General Term the decree
was affirmed further appeal taken TO the Court
OF Appeals, by which the decree again affirmed.
That court held that the testatrx had right appoint
separate executors for the States Of New-YOrk and
Michigan and limit the exercise Of their authority
the States to which she had assigned them Page
not liable for the assets in Michigan, nor could he
pei the other 10 surrender OF them 10
him The administration In Michigan Is in no respect
auxiliary TO that in NewYork In each State the
tor derives his power from the will and not from the
letters issued him Neither IL responsible for
that In the hands OF the other would they
be If all of them lived in this state
The laws of the State of Michigan furnish 10 the New
York legatees "A complete remedy and by tho
legal tribunals of that state they obtain payment
their legaces, compel transfer to the New
York Of amount sufficient for that purpose
T.. NJ Morse of Canandaigua appeared for Mr. sherman
and the other plaintiffs; L. A Hayward, Of WARSAW for
Mr.. Page