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2 Johns. Ch. 493

Hammond v. M'Lea

New York Court of Chancery

Decided June 25, 1817

New York Court of Chancery · decided 1817-06-25

[ * 494 ] THE bill, filed May, 1807, stated, that the plaintiff was duly appointed public administrator in the city of New- York, under the act (sess. 38. ch. 157.) relative to persons dying intestate, and leaving goods and chattels in the said city. That William Alexander Williams, late a merchant, resident at Buenos Ayres, died there, the 7th of January, 1807, leaving goods and chattels now in the city of New-York.

Decided 1817-06-25

The Chancellor

¶1[ *495 ]

¶2said, he was inclined to think, that the act did not apply to the case, as the goods in question were not here at the death of Williams, but were shipped from the Brazils, and consigned to.the defendants, after his death. If the plaintiff had any rights, he must be left to pursue them at law, under his letters of administration, in case they should be granted. It would *not be proper to interfere with the conflicting claims of third persons, in this way, unless in a case clearly within the act.

¶3Injunction dissolved.

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