New York Court of Appeals

Martha D. Roderigas v. the East River Savings Institution, Appellant

December 21, 187563 N.Y. 460

Summary

The Court reversed the lower court's judgment, holding that letters of administration issued by a surrogate on the basis of sufficient proof of death are conclusive evidence of authority and that a payment made to an administrator appointed under such letters is not a defense to a suit to recover the deposit, even if the purported decedent later is found to have been alive. The decision was accompanied by a concurrence affirming the same result.