Martha Devine Roderigas, Respondent v. the East River Savings Institution, Appellant

Summary

The New York Court of Appeals affirmed the General Term's judgment for the plaintiff, holding that letters of administration issued by a surrogate's clerk without the surrogate personally adjudicating death are void. Because the surrogate's judicial power cannot be delegated, the defendant bank is not protected by the doctrine of ministerial officer protection, and the plaintiff recovers the deposits.