Marston v. Paulding

10 Paige Ch. 40, 1842 N.Y. LEXIS 634, 1842 N.Y. Misc. LEXIS 90

Opinion

The Chancellor.

It is not necessary to examine the question whether the property in controversy in this case was or was not rightfully retained by the respondents as a part of the estate belonging to the decedent. For if it belonged to the appellant, his proper remedy was in a different forum. For the surrogate has no jurisdiction, upon a summary application to him, to compel the administrators to deliver over property to the owner thereof, which property has been taken possession of by them as a part of the estate to be administered by them; although their claim to such property is wholly unfounded, or is merely colorable.

Order appealed from affirmed with costs.