New York Court of Appeals

Charles Petersen v. . the Chemical Bank.

March 5, 186532 N.Y. 21

Summary

The New York Court of Appeals affirmed the judgment, holding that an assignee of a foreign executor may sue in New York courts and that the disability of a foreign executor to sue does not attach to the subject of the action. The court determined that Aaron Cohen was domiciled in New Haven at his death, giving Connecticut probate jurisdiction, and that the title derived from the foreign administration was valid under comity. Justice 030concurrence concurred, emphasizing the sufficiency of domicile evidence and the conclusive nature of probate.