101 N.Y.S. 273 | N.Y. Sur. Ct. | 1906
Assuming all of the allegations of the petition to be true, I am entirely without jurisdiction to grant the relief prayed for. The respondent is a stranger to the estate and all of his wrongful acts are alleged to consist of improper dealings with assets of the estate fraudulently or collusively obtained by him from the temporary administrator. The remedies permitted by statute to be had in this court for such injuries are against the administrator and incidentally against his surety. Controversies between the administrator or his surety and strangers based thereon must be settled in courts of general jurisdiction.
'It is contended that the temporary administrator was an officer of the surrogate; that his possession was the possession of the surrogate, and that the surrogate has power to deal with the respondent for interfering with such possession in analogy
Ho part of the controversy now sought to be litigated in this-court has anything whatever to do with the due administration of the estate of the decedent, for all of the loss resulting from the-alleged unlawful acts of the respondent has been made good by-the petitioner, acting in just and honorable recognition of its obligations-as the surety of the unfaithful temporary administrator. The issue as to whether the respondent is or is not responsible to the petitioner for the loss which the petitioner has al
The application will be dismissed, but without prejudice to the rights and remedies of the parties in a court of competent jurisdiction.
Application dismissed.