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Dumond v. Magee

Dumond, administrator, &c., against Magee and others

Dumond v. Magee, 2 Johns. Ch. 240 (1816)
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Court
New York Court of Chancery · State Highest Courts
Decided
November 25, 1816
Citations
2 Johns. Ch. 240
Headnotes
Where a bill was filed by an administrator, for a decree for the distribution of the intestate’s estate, the answer of a person entitled, as next of kin, to a distributive share, signed by her attorney in fact, and not sworn to, or subscribed by the parly himself, was received, as the party resided in Ohio, and the object" of the suit was merely for the security of the administrator.
Summary
THE object of the bill was to obtain a decree for the distribution of the estate of the intestate among the next of kin, so that the administrator might be protected. The defendant Catharine Hauett was one of the next of kin, and one of the claimants of a distributive share.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Chancellor.

This is not a case in which a discovery is the object of the bill. As it is merely a suit for the safety of the administrator, the object of the motion is reasonable, and it would cause great and useless delay, trouble, and expense, to send a commission to the state of Ohio, for the sole purpose of taking her answer. The case of Gwillin, (6 Ves. 285.) of Bayley v. Delvalkiers, (10 Ves. 441.) and of Harding v. Harding, (11 Ves. 159.) are authorities in support of this course of proceeding.

Order accordingly.

It was directed that the answer should be subscribed by her attorney, and with a copy of the power of attorney annexed thereto.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1843–1844: 11863–1864: 11875–1876: 11901–1902: 118432026peak 1843 · 1

Relies on it most ⓘ

  1. Isle v. Cranby64 L.R.A. 513 (Ill. 1902)
  2. Powers v. Waters8 Mo. 299 (1843)
  3. Denny v. Denny90 Mass. 311 (1864)
  4. Carter v. Montgomery2 Tenn. Ch. R. 216 (1875)

Most recent

  1. Isle v. Cranby64 L.R.A. 513 (Ill. 1902)
  2. Carter v. Montgomery2 Tenn. Ch. R. 216 (1875)
  3. Denny v. Denny90 Mass. 311 (1864)
  4. Powers v. Waters8 Mo. 299 (1843)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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