Thorburn v. . First National Bank of Port Arthur, Texas
Cases that cite this one
4 later published cases cite this decision.
- Burrowes v. Goodman (2d Cir. 1931)
- Lord v. Sherman (Appellate Division of the Supreme Court of New York 1963)
- Solomon v. Kittay (Appellate Division of the Supreme Court of New York 1960)
- Giampalo v. Taylor (Pa. 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The Supreme Court obtained jurisdiction of the executrix in respect to the matters here involved by personal service of a summons upon her. It also had jurisdiction of the subject of the action if the; object thereof were the administration of property? within the state of New York for -the benefit of local creditors.
The court had jurisdiction of the administrator with the will'annexed and the procedure adopted for bringing in such administrator was proper. The judgment, if one be recovered by the plaintiff, will bind the foreign^ administrator only to the extent of its interest in the res in the state of New York which is the subject of the action. For that purpose the administrator was properly substituted in the place of the executrix. The order should be affirmed, with costs, and the questions certified each answered in the affirmative.
His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.