Slade v. Hale — 82 N.Y.S. 1115

Majority

p. 1115

SLADE, Appellant, v. HALE, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

May 19, 1903.)

Headnote

Action by William H. Slade against Gertrude A. Hale, as executrix, etc., and individually.

Interlocutory judgment affirmed, with costs. Held, that the court has no jurisdiction of this action against the defendant as executrix; she being a foreign executrix, appointed and acting under the laws of the state of Illinois. Defendant, as such executrix, did not waive her objection to the jurisdiction of the court by appearing in the action and demurring for lack of jurisdiction. Flandrow v. Hammond, 13 App. Div. 325 , 43 N. Y. Supp. 143 ; Wheelock v. Lee, 74 N. Y. 495 . Also held, that this action is not maintainable against the defendant as executrix of an executor. Also held, that the complaint does not state, a cause of action against the defendant individually.

Cases cited

Flandrow v. Hammond 13 App. Div. 325 N.Y. App. Div. 1897-01-22 p. 1115
Wheelock v. Lee 74 N. Y. 495 N.Y. 1878-10-04 p. 1115