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Caujolle v. Ferri E.

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eBook details

  • Title: Caujolle v. Ferri E.
  • Author : United States Supreme Court
  • Release Date : January 01, 1871
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Mr. Whitehead, for the appellants, arranging it with order and clearness, argued forcibly that the evidence failed to establish the legitimacy. Mr. S. P. Nash, contra, and endeavoring to infer from it a different conclusion, contended, in addition and as a more principal point, that in view of the language of the Revised Statutes of New York, which made it obligatory on the surrogate to grant the administration 'to the relatives of the deceased who would be entitled to succeed to his personal estate,' the question of Ferrie's legitimacy–there having been no question of alienage, minorship, or bad moral habits, or other personal disqualification in the case–was necessarily decided; that the complainants were accordingly estopped by the judgment of the surrogate from going into the consideration of the evidence of that question, and that the court below had therefore erred in not sustaining the plea in bar.


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