In the Matter of the Estate of Joseph J. Malloy, Deceased. Allan P. McKain, as Executor of Joseph J. Malloy…

Summary

The New York Court of Appeals affirmed the Supreme Court's judgment in the Malloy estate case, holding that the Supreme Court had jurisdiction to enter the judgment despite the Surrogate's Court also having jurisdiction. The court reasoned that the parties' stipulation and acquiescence bound them and that the Constitution guarantees the Supreme Court a core general jurisdiction that cannot be removed by statute.