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2 Dem. Sur. 214

Merritt v. Jackson

New York Surrogate's Court

Decided February 15, 1883

New York Surrogate's Court · decided 1883-02-15

Application by Abraham C. Merritt, administrator of the estate of Jane Merritt, late a party respondent to the executor’s accounting, to be substituted as a party in the place of his decedent.

Decided 1883-02-15

The Surrogate.

¶1I have been referred tono reported case, which decides how far orders and decrees of a Surrogate’s court are binding upon the representatives of one who, having been a party to the proceedings, has died during their pendency, in cases where such representatives have not themselves subsequently been made parties.

¶2But it seems eminently proper, even if it is not essential, that one who is the acknowledged representative of a party deceased, and who asks as such to intervene, should be allowed so to do. That course is sanctioned by Lafferty v. Lafferty (5 Redf., 326); Van Alen v. Hewins (5 Hun, 44); and cases cited.

¶3Application granted.

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